On March 13, 2024, Indiana enacted Senate Bill No. 9, which establishes that the Office of the Indiana Attorney General must receive prior written notice of certain transactions involving Indiana healthcare entities. This new law goes into effect July 1, 2024, and has a more expansive reach than many of its peer transaction notice laws. […] The post Indiana Enacts New Law Requiring Notice of Healthcare Transactions appeared first on EMPLOYEE BENEFITS BLOG ..read more

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 along party lines to ban all new noncompete agreements nationwide and render existing noncompete agreements binding most workers unenforceable. The Final Rule, slated for publication in the Federal Register, provides that employers’ use of noncompete agreements amounts to an “unfair method of competition” that runs afoul […] The post FTC Issues Rule Banning Worker Noncompete Agreements appeared first on EMPLOYEE BENEFITS BLOG ..read more

On February 6, 2024, the US Centers for Medicare & Medicaid Services (CMS) issued a letter to all Medicare Advantage (MA) organizations and Medicare-Medicaid plans. The letter covered frequently asked questions and answers related to the coverage criteria and utilization management requirements in the CMS Final Rule issued on April 5, 2023. Among the FAQs […] The post CMS Issues Guidance on Usage of AI in Making Coverage Determinations appeared first on EMPLOYEE BENEFITS BLOG ..read more

During this election year, McDermottPlus is actively monitoring annual regulations that federal agencies are expected to release, as well as “ad hoc” regulations that will be released at the discretion of federal agencies. This chart displays health-related regulations that may be issued this year, organized by federal agency and date of potential release. Access the […] The post 2024 Chart of Healthcare Regulations appeared first on EMPLOYEE BENEFITS BLOG ..read more

The Congressional Review Act (CRA) empowers Congress to act to invalidate regulations issued by federal agencies. These regulations include final rules, interim final rules and guidance documents. The CRA is most practically used by a new Congress to invalidate regulations issued by a previous administration and received within 60 legislative days of the previous Congress’ […] The post Potential Election Year Shakeup: Regulatory Implications of the Congressional Review Act appeared first on EMPLOYEE BENEFITS BLOG ..read more

A recently decided US Court of Appeals for the Ninth Circuit case, Ryan S. v. UnitedHealth Group, Inc., offers some useful insights on the enforcement by private litigants of the Mental Health Parity and Addiction Equity Act (MHPAEA). Like other similar cases, the case invites questions about the impact of potential changes under the proposed […] The post Lessons from Ryan S. v. UnitedHealth Group for the 2023 MHPAEA Proposed Rule appeared first on EMPLOYEE BENEFITS BLOG ..read more

The US Department of Health and Human Services Office for Civil Rights (OCR) recently reached a $4.75 million settlement with a New York City hospital for alleged violations of the Health Insurance Portability and Accountability Act (HIPAA). According to OCR, in 2013, a former hospital employee sold the electronically protected medical records of 12,517 patients […] The post Hospital Settles With OCR for $4.75 Million Over HIPAA Violations appeared first on EMPLOYEE BENEFITS BLOG ..read more

New state privacy laws regulating health data impose significant obligations and heightened litigation and regulatory risks. During this webinar, Elliot Golding and Sam Siegfried discussed how these laws apply, what they require, and practical tips to implement and operationalize compliance. Access key takeaways and webinar replay. The post Key Takeaways | How to Prepare for New State Health Privacy Laws appeared first on EMPLOYEE BENEFITS BLOG ..read more

Taxes can have a significant impact on family offices, influencing decisions around structure, investing and overall planning strategies. McDermott’s Family Office Tax webinar series explores the latest trends and guidance on tax planning for family offices and identifies opportunities to optimize tax efficiency. Our first webinar covered the legal, tax and administrative considerations a family […] The post Family Office Tax Webinar Replay: Compensation Strategies appeared first on EMPLOYEE BENEFITS BLOG ..read more

If you employ part-time workers and/or engage independent contractors, sit up and take note: 2024 brings significant changes to how you must manage your workforce. The US Department of Labor’s (DOL) revised Independent Contractor Rule introduces additional uncertainty as to how the agency and perhaps courts will decide independent contractor misclassification disputes. Provisions of the […] The post Webinar Replay: New Employee Benefits Requirements for Part-Time Employees, Independent Contractors appeared first on EMPLOYEE BENEFITS BLOG ..read more