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 …
Continue reading “It’s Form 5500 Season: Five Common Mistakes that Plan Sponsors Should Avoid”
Don’t Delay, Arbitrate Today—Supreme Court Removes Requirement to Demonstrate Prejudice in Asserting Waiver of Right to Arbitration
Employers who wish to arbitrate disputes with their employees should assert the right to arbitrate promptly—a recent Supreme Court decision has made it easier for employees to show that an employer’s delay constitutes a waiver of the right to arbitrate. In Morgan v. Sundance, Inc., 142 S.Ct. 1708 (2022), the plaintiff worked as an hourly …
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, …
All My Exes Live in Texas: Texas’ New Laws in the Wake of #MeToo and a Growing Economy
Texas is booming. As of 2022, Texas had 89,600 more jobs than it did before the onset of the pandemic. According to the U.S. Bureau of Labor Statistics, the unemployment rate steadily declined from 5% in October 2021 to 4.4 % in March 2022. Texas has always touted itself as an employer-friendly state, with the Texas Economic Department advertising …
Employers, Employees, & HIPAA, Oh My!
Oftentimes, healthcare entities’ employees are also patients of the healthcare entity, creating a dual role as employer and employee as well as doctor and patient. But what can an employer do when they need to access an employee’s medical records? Are these medical records treated differently than non-employee patients? Throughout the last few years, we …