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  • Article

    Tri-Agencies Issue Proposed Rule On Short-Term, Limited-Duration Insurance, Excepted Benefits, And Level-Funded Plans

    On July 7, the Departments of Labor, Treasury, and Health and Human Services (the "Tri-Agencies") published a long-anticipated proposed rule ("Proposed Rule") that...
    United StatesConsumer Protection
    Groom Law Group, Chartered
    Groom Law Group, Chartered
  • Article

    IRS And PBGC Provide Pension And Other Relief In The Wake Of COVID-19

    This week, the Internal Revenue Service ("IRS") and Pension Benefit Guaranty Corporation ("PBGC") both released helpful guidance intended to assist the individuals and organizations...
    United StatesCoronavirus (COVID-19)
    Groom Law Group, Chartered
    Groom Law Group, Chartered
  • Article

    IRS Issues Anticipated CARES Act Guidance On Plan Loans And Distributions

    On June 19, 2020, the Internal Revenue Service ("IRS") issued Notice 2020-50, which provides clarity to plan administrators and participants on coronavirus-related ...
    United StatesCoronavirus (COVID-19)
    Groom Law Group, Chartered
    Groom Law Group, Chartered
  • Article

    A Growing Trend: Fiduciary Secures Trial Victory In Excessive Fee Litigation

    In Prime Healthcare, the plaintiffs asserted three fiduciary breach claims that have become common in the ERISA litigation space.
    United StatesEmployment and HR
    Groom Law Group, Chartered
    Groom Law Group, Chartered
  • Article

    Actuarial Equivalence Lawsuits: Plaintiffs May Defeat Motions To Dismiss, But Can They Win Class Cert?

    Since 2019, plaintiffs' counsel has filed just over a dozen class action lawsuits against plan sponsors and fiduciaries alleging that the plans use "unreasonable" actuarial equivalence factors, primarily "outdated" mortality tables, ...
    United StatesEmployment and HR
    Groom Law Group, Chartered
    Groom Law Group, Chartered
  • Article

    Company Stock In Employee Benefit Plans May Reduce New Excise Tax On Buybacks

    New Section 4501 of the Internal Revenue Code imposes a 1% excise tax on certain corporate stock repurchases or "corporate buybacks." The new tax is imposed on the fair...
    United StatesEmployment and HR
    Groom Law Group, Chartered
    Groom Law Group, Chartered
  • Article

    Preparing For July 4th: Trump Accounts Get Proposed Regulations And Draft IRS Forms

    The IRS has released proposed regulations and draft forms for Trump accounts, new IRA accounts for children that include a $1,000 government-funded pilot program contribution.
    United StatesEmployment and HR
    Groom Law Group, Chartered
    Groom Law Group, Chartered
  • Article

    Proposed Section 4960 Excise Tax Rules For Tax-Exempts: Highlights And Key Features

    The Treasury Department (the "Department") and Internal Revenue Service ("IRS") recently released detailed proposed rules (the "Proposed Regulations") ...
    United StatesEmployment and HR
    Groom Law Group, Chartered
    Groom Law Group, Chartered
  • Article

    DOL Proposes To Significantly Tighten Prohibited Transaction Exemption Procedures

    Over the decades since the enactment of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), many plan sponsors, service providers, and industry groups have applied for, and been granted,...
    United StatesEmployment and HR
    Groom Law Group, Chartered
    Groom Law Group, Chartered
  • Article

    Update! Departments Issue More Guidance Addressing Coverage Of Over-the-Counter COVID-19 Tests

    On December 2, 2021, President Biden announced new actions to combat COVID-19, given the emergence of the new Omicron variant.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Groom Law Group, Chartered
    Groom Law Group, Chartered
  • Article

    A Victory For Plan Fiduciaries: In Cunningham V. Cornell University, The Second Circuit Clarifies The Pleading Standard For Prohibited Transaction Claims

    For years, courts have struggled with the appropriate standard to apply to ERISA prohibited transaction claims at the pleading stage.
    United StatesEmployment and HR
    Groom Law Group, Chartered
    Groom Law Group, Chartered
  • Article

    CMS Medicare Advantage RADV Final Rule: No Fee-For-Service Adjuster, May Extrapolate Audit Findings Beginning With PY 2018

    More than four years after it was proposed, on February 1, 2023 the Centers for Medicare & Medicaid Services ("CMS") published the long-awaited risk adjustment data validation ("RADV") Final Rule ("Final Rule")...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Groom Law Group, Chartered
    Groom Law Group, Chartered
  • Article

    DOL Provides COVID-19 Relief For Retirement Plans

    On April 28th, the Employee Benefits Security Administration ("EBSA") of the Department of Labor ("DOL"), together with the Department of the Treasury, issued helpful guidance for retirement plans that extends certain deadlines ...
    United StatesCoronavirus (COVID-19)
    Groom Law Group, Chartered
    Groom Law Group, Chartered
  • Article

    DOL (Somewhat) Unshackles Auditors From Stringent Independence Requirements

    On September 6, 2022, the Department of Labor (the "Department") published an Interpretive Bulletin entitled "Independence of Employee Benefit Plan Accountants" (the "Bulletin" or "IB 2022-01")...
    United StatesAccounting and Audit
    Groom Law Group, Chartered
    Groom Law Group, Chartered
  • Article

    Treasury Issues Final Regulations On Section 162(m) Executive Compensation Deduction Limits

    The Final Regulations arrive one year after the proposed regulations published on December 20, 2019
    United StatesCorporate/Commercial Law
    Groom Law Group, Chartered
    Groom Law Group, Chartered
  • Article

    Benefits-Related Provisions Of The Inflation Reduction Act Of 2022

    On August 16, President Biden signed into law the Inflation Reduction Act of 2022 (P.L. 117-169; the "Act"). Although the Act differs considerably from the wide-ranging domestic economic package Democrats had...
    United StatesEmployment and HR
    Groom Law Group, Chartered
    Groom Law Group, Chartered
  • Article

    Deference Declined: Fiduciary Status For Rollovers Not A Given And New Developments In Uses Of Plan-Related Data Under ERISA

    A September 27, 2022 decision by the Southern District of New York addresses several key theories recently advanced by the plaintiffs' bar in ERISA-based lawsuits against plan service...
    United StatesEmployment and HR
    Groom Law Group, Chartered
    Groom Law Group, Chartered
  • Article

    DOL & Treasury Extend ERISA-Required Deadlines, Creating Questions & Disruptions In Administrative Procedures

    On April 29, 2020, the Departments of Labor ("DOL") and Treasury (together, the "Departments") issued guidance extending certain deadlines related to retirement, health, and welfare plans in...
    United StatesEmployment and HR
    Groom Law Group, Chartered
    Groom Law Group, Chartered
  • Article

    Agencies, Congress Ratchet-up Oversight Of Medicare Advantage And Medicaid Managed Care

    Recently, the Department of Health and Human Services ("HHS"), Office of the Inspector General ("OIG"), HHS's Centers for Medicare & Medicaid Services ("CMS"), and Congress have focused attention...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Groom Law Group, Chartered
    Groom Law Group, Chartered
  • Article

    Direct Primary Care Arrangements And Health Care Sharing Ministries Receive Favorable Tax Treatment Under Proposed Regulations

    On Monday, June 8, 2020, the Treasury Department ("Treasury") and the Internal Revenue Service ("IRS") released Proposed Regulations addressing the tax treatment of amounts paid for two unique types...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Groom Law Group, Chartered
    Groom Law Group, Chartered

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