Weekly HR & Benefits Updates 2.28.25
Understanding the Recent Wave of Litigation Targeting Tobacco-Free Wellness Programs
“Over the last several months, putative class actions have been filed against companies of all sizes alleging that their tobacco-free wellness programs are noncompliant with ERISA and that plan fiduciaries are violating their fiduciary duties when they impose and collect tobacco surcharges. Accordingly, it is important that companies review their plan wellness programs to ensure they are ERISA-compliant.” Full Article
Wolters Kluwer
Trump Administration Rescinds HHS Guidance on Privacy of Gender Affirming Care Data
“While the March 2022 guidance has been rescinded and pulled down from government websites, it remains to be seen how HHS and OCR will handle any complaints related to uses and disclosures of PHI that relates to gender affirming care. Entities that may handle this type of data may consider reviewing their internal policies and procedures related to requests for sensitive information.” Full Article
Quarles & Brady, LLP
Employer Group Sues to Block Mental Health Parity Rules
"The lawsuit argues that the meaningful benefits requirement exceeds the federal agencies' authority because it imposes a benefits mandate. It also claims the federal agencies violated the Administrative Procedure Act's notice and comment requirements.” Full Article
Ogletree Deakins
Biden Administration Proposes Beefed-Up HIPAA Security Rule… But Prognosis Uncertain
“The authors provide a background of the current rules, highlights of the new Proposed Rule, their predictions on whether the Proposed Rule will move forward under the Trump Administration, and what HIPAA covered entities and business associates should be considering now.” Full Article
Groom Law Group
DOL Clarifies Cybersecurity Obligations to Health Plans: What Plan Sponsors Need to Know
“Practical steps for compliance: [1] Evaluate vendor cybersecurity practices [2] Strengthen contracts [3] Conduct independent annual cybersecurity audits [4] Educate plan participants [5] Monitor and document oversight activities [6] Implement required cybersecurity controls [7] Conduct annual penetration testing.” Full Article
Withum, Smith & Brown, P.C.
Special Report: Examining Group Health Coverage Alternatives for Small Employers
“For small employers, there are, broadly speaking, three commonly encountered alternative approaches that have gained traction in the marketplace. This Special Report examines and explains these options available to, and the obstacles routinely encountered by, small employers as they seek to make affordable health insurance coverage available to employees and their families.” Full Article
McDermott Will & Emery
This Weekly Digest is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.