Will President-elect Donald Trump seek to repeal the Affordable Care Act once more, or will his administration opt for smaller-scale changes to the law? In this article, Alden Bianchi shares his predictions on the actions the incoming administration and Republicans may consider as they take control of the White House and Congress. Access the article.
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DOJ Proposes Restrictions on Transactions Involving Bulk Sensitive Data, Including Health Data
On October 29, 2024, the US Department of Justice (DOJ) issued a proposed rule to implement US President Joe Biden’s Executive Order (EO) 14117. This order aims to prevent countries of concern from accessing Americans’ sensitive personal data and US-government-related data. The proposal specifically includes health data as a category of sensitive personal data that…
Virtual Care Policy Update: What to Expect in Lame Duck
The Consolidated Appropriations Act (CAA), 2023 (Public Law 117-328), extended certain key virtual care flexibilities instituted during the COVID-19 public health emergency through December 31, 2024. This includes the telehealth safe harbor for health savings account-eligible high deductible health plans. Without congressional action, these waivers and flexibilities will end on December 31, 2024. Read the…
Unpacking the Over-the-Counter Contraception Proposed Rule
By Sarah Raaii
Sarah Raaii recently joined McDermott+’s Maddie News on the Health Policy Breakroom Podcast to discuss proposed rules issued by the Biden administration that require health plans to cover certain over-the-counter services, including contraception items. Access the podcast episode here.
IRS Releases Regulatory Notices Related to Health Plan Coverage of Contraceptives
The Internal Revenue Service (IRS) recently released Internal Revenue Bulletin 2024-44. The Bulletin includes Notice 2024-71, which provides a safe harbor under Internal Revenue Code § 213(d), treating amounts paid for condoms as medical care expenses eligible for reimbursement under various health plans. It also includes Notice 2024-75, which expands the list of preventive care…
IRS Issues New Long-Term, Part-Time Employee Guidance Under the SECURE 2.0 Act for 403(b) Plans
On October 3, 2024, the Internal Revenue Service (IRS) released Notice 2024-73, which provides guidance on the application of nondiscrimination rules under Internal Revenue Code § 403(b) for long-term, part-time employees. The notice also announces that the final regulations, which the IRS will issue for 401(k) plans on long-term, part-time employees, will apply to plan…
Government Announces 2025 Employee Benefit Plan Limits
The Internal Revenue Service (IRS) has announced the cost-of-living adjustments to the applicable dollar limits for various employer-sponsored retirement and welfare plans for 2025. Most of the dollar limits that are subject to adjustment for cost-of-living increases will increase for 2025. The Social Security Administration released separate adjustment amounts. See the amounts here.
Election 2024: Reproductive Rights in the US
By Sarah Raaii
With the US election less than one week away, what are the legal implications of a Harris-Walz administration versus a Trump-Vance administration on reproductive rights? In this Q&A, Sarah Raaii explores how the election’s outcome could impact how plan sponsors and employers address reproductive care, including fertility treatments like in vitro fertilization. Read the Q&A…
Election 2024: Gender-Affirming Care in the US
With the US election one week away, what are the legal implications of a Harris-Walz administration versus a Trump-Vance administration regarding gender-affirming care? In this Q&A, Greg Fosheim, Sarah Raaii, and Alden Bianchi discuss how the election’s outcome could affect clients in the employee benefits and healthcare spaces. Read the Q&A here.
Shifting Sands: DOL Recent Developments
By Ted Becker
There have been significant developments that will impact the future of US Department of Labor regulations and litigation related to employee stock ownership plans (ESOPs). Ted Becker and Julian André recently presented a webinar for the National Center for Employee Ownership and shared what ESOP fiduciaries, ESOP company directors, and employees involved with ESOPs need…