According to a recent report, UnitedHealth Group has removed much of its website content related to diversity, equity, and inclusion (DEI). UnitedHealth’s spokesperson, Tyler Mason, stated that the company complies with existing laws while still trying to support the communities they serve with “a collaborative environment where we treat each other with mutual respect.”
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Federal Court Finds ERISA Preempts TN PBM Law
A federal district court judge found that portions of a Tennessee law regulating pharmacy benefit managers (PBMs) conflict with the Employment Retirement Income Security Act (ERISA). Therefore, the court ruled that Tennessee is permanently barred from enforcing those portions of the law against McKee Foods Corporation or other benefits plans governed by ERISA.
The case…
Episode 3: Success Stories in Counsel and Leadership Collaboration
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Episode Summary:
This episode explores how in-house legal and HR teams can form high-functioning partnerships to deliver better outcomes for organizations. Rich Sedory discusses building a legal department from scratch, managing compliance in a regulated manufacturing environment, and negotiating contracts that drive value. Special emphasis is placed…
State Insurance Regulators Prioritize Age-Discrimination and Drug Copay Accumulator Rules
The National Association of Insurance Commissioners (NAIC) has advised Robert F. Kennedy, Jr., Secretary of the U.S. Department of Health and Human Services (HHS), of their current federal health insurance policy priorities. The NAIC’s recent letter focuses on two major issues: federal health insurance nondiscrimination rules and regulation of prescription drug copayment accumulator programs.
Federal…
Study Shows Few Companies Have Altered DEI Policies Despite Political Pressure
Littler, a law firm focusing on labor, recently published a study showing that only about eight percent of leading American companies have or intend to alter their diversity, equity, and inclusion (DEI) policies. The Littler study involved about 350 C-suite executives. Despite a few high-profile defections of major companies from DEI, most companies have been…
Lawmakers Reintroduce Bill Limiting PBM Drug Pricing Practices
Another coalition of congressional lawmakers has united to introduce a new version of the Delinking Revenue from Unfair Gouging Act (DRUG Act) bill. Rep. Marianne Miller-Meeks (R-Iowa) and co-sponsors from both parties introduced the bill, which could impact how pharmacy benefit managers (PBMs) are paid.
Miller-Meeks unsuccessfully introduced a previous version of the bill…
Workplace Civility and Return-to-Office Mandates
Companies are increasingly embracing return-to-office (RTO) mandates, but new SHRM research and data reveal an unexpected consequence of those mandates. The incidence of uncivil acts occurring in the workplace is substantially higher for employees whose employers have issued RTO mandates. According to the SHRM Q1 2025 Civility Index, employees at companies with RTO mandates reported…
Bipartisan Duo Introduces New Version of PBM Reporting Bill
Two lawmakers from opposite sides of the aisle have revived a version of the pharmacy benefit manager (PBM) reporting bill from the 118th Congress. That bill came close to passage last year but faced criticism from Elon Musk, who ultimately tanked the much larger bill in favor of an abbreviated spending package.
Rep. Erin Houchin…
EEOC and DOJ Issue Guidance on DEI-Related Discrimination at Work
The U.S. Equal Employment Opportunity (EEOC) and the Department of Justice (DOJ) have issued two technical assistance documents entitled: “What You Should Know About DEI-Related Discrimination at Work” and “What To Do If You Experience Discrimination Related to DEI at Work.” Although these documents do not establish any new legal rights or…
How Plan Sponsors Can Mitigate Risk In PBM Contracts
By Anne Tyler Hall and Tim Kennedy (April 17, 2025)
For employers offering benefit plans, fiduciary responsibility is not just a legal designation. Under the Employee Retirement Income Security Act of 1974, as amended, the fiduciary duty is the highest standard of care recognized under the law.
Fiduciaries must ensure that every decision regarding a…