On June 24, 2022, the United States Supreme Court released Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade. In our Reproductive Healthcare Issues for Employers series, we have discussed the impact of the Dobbs decision on abortion services as a non-taxable benefit under certain types of group health programs (Part 1), abortion-related …
Reproductive Healthcare Issues for Employers Series, Part 4: Navigating Mental Health Parity Requirements for Travel Benefits
On June 24, 2022, the United States Supreme Court released Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade. The Dobbs decision has employers scrambling to understand the impact on group health plan coverage. Many employers are considering implementing travel reimbursement options to assist employees who wish to seek abortions that might be restricted …
Reproductive Healthcare Issues for Employers Series, Part 3: HHS Guidance on HIPAA and Other Privacy Issues
After the U.S. Supreme Court ruling in Dobbs v. Jackson Women’s Health Organization overruling the constitutionally protected right to an abortion, federal agencies have issued guidance intended to help protect the privacy of patients. Employers should carefully consider this guidance because it impacts their responsibilities as a sponsor of a group health plan and the …
Reproductive Healthcare Issues for Employers Series, Part 2: Avoiding Costly “Employer Payment Plan” Status for Travel Benefits
In light of the U.S. Supreme Court ruling in Dobbs v. Jackson Women’s Health Organization overruling the constitutionally protected right to an abortion, many employers have announced various travel benefits that may cover employees who wish to seek abortion services that might not be available in their state. While many employers have included that travel …
Reproductive Healthcare Issues for Employers Series, Part I: May Abortions be Reimbursed on a Tax-Free Basis from a Health Flexible Spending Account, a Health Reimbursement Arrangement, or a Health Spending Account?
Dickinson Wright’s All Things HR Blog is beginning a multi-part series on issues and questions faced by employers in response to the June 24, 2022, U.S. Supreme Court ruling in Dobbs v. Jackson Women’s Health Organization overruling the constitutionally protected right to an abortion and giving each state the right to ban or regulate access …
It’s Form 5500 Season: Five Common Mistakes that Plan Sponsors Should Avoid
We are just past the “official” start of summer, which means it is time for sponsors of retirement plans and many health and welfare plans to think about preparing and submitting Form 5500. In this post on the All Things HR Blog, I examine the most common mistakes I encounter when assisting plan sponsors in …
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401(k) Plan Sponsors – It Doesn’t Pay to Ignore Your Plan’s Definition of Compensation
One of the most common errors in 401(k) plan administration continues to be a mismatch between a plan’s definition of compensation and the actual compensation taken into account for plan purposes despite this problem being common enough for the IRS to include it in its “401(k) Plan Fix-It Guide”. In this All Things HR Blog, …
Using the New Group Health Plan Fee Disclosure Rules To Reduce Plan Costs
Like a 401(k) plan, a group health plan must comply with ERISA’s rule that prohibits a plan fiduciary from paying more than a reasonable amount for services provided to the plan. When a group health plan offers insured benefits, service providers may receive a commission from the insurance company instead of direct payment from the …
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UPDATED FEDERAL FORMS PART 1: EEOC Additional Gender Marker Option
The Federal Government has updated some standard forms employers are probably used to seeing. In this two-part blog series, we will identify the changes in these new forms, starting first with the EEOC’s addition of a gender marker option to its voluntary self-identification process and passport applications. Next week, we will discuss the changes to …
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EEOC Ramps Up Enforcement Lawsuits
Protection against unlawful treatment in the workplace is a goal shared by employers and employees alike. Employers that may have relaxed their compliance with federal employment and discrimination laws during the pandemic take note: the U.S. Equal Employment Opportunity Commission (EEOC) has been ramping up its enforcement activities; meaning employers should refocus on their internal …