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Welcome to the Snell & Wilmer Benefits Blog. We will be posting about current employee benefits and executive compensation topics and issues. We invite you to contact the authors with your thoughts or questions.Blog Contributors
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What’s Old Is New Again: HHS Proposes to Reinstate and Expand Transgender Nondiscrimination Rules
Since it was enacted in 2010, Section 1557 of the Affordable Care Act (“Section 1557”) has prohibited discrimination in covered health programs and activities on the basis of race, color, national origin, age, disability, or sex. As we have previously … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged 1557, ACA, biden, health program, HHS, nondiscrimination, NPRM, Obama, transgender, Trump
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Health Plans – A Pain to Administer But Appreciated by Employees
Administering health plans is not the easiest task. Such plans are subject to an alphabet soup of laws, including but not limited to ERISA, the Internal Revenue Code, COBRA, HIPAA, GINA, Mental Health Parity, the ADA, the ADEA, and Title … Continue reading
Posted in Health & Welfare Plans
| Tagged ACA, COBRA, halth care, nondiscrimination, Section 125
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Wellness Incentives Under Scrutiny After District Court Decision
In the most recent updates to the AARP v. EEOC wellness case (AARP v. EEOC, D.D.C., No. 1:16-cv-02113), the District Court for the District of Columbia has ordered the Equal Employment Opportunity Commission (“EEOC”) to review the wellness regulations related … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged AARP, ADA, EEOC, GINA, nondiscrimination, wellness
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Transgender Benefits Revisited?
In a series of tweets published on July 26, 2017, President Trump announced a ban on transgender service in the armed forces. In the wake of this reversal of government policy, employers may question the current state of transgender benefits … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged ACA, Affordable Care Act, benefits, franciscan alliance, HHS, nondiscrimination, section 1557, transgender
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A Deeper Dive: Employers Receiving Federal Funding May Be Subject to ACA’s Nondiscrimination Rule and Need to Cover Transgender Benefits
In recent months, we have written a fair amount about providing transgender benefits in light of the nondiscrimination provisions of the Affordable Care Act. Our blogs of March 30, 2016 and June 22, 2016 highlight the key contours of the … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged 1557, ACA, Affordable Care Act, covered entity, EGWP, employer group waiver program, federal financial assistance, FFA, health benefit programs, HHS, nondiscrimination, Notice
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Transitioning to Coverage: Three Things to Know About the New Transgender Healthcare Regulations
On May 18, 2016, the Department of Health and Human Services (“HHS”) issued final regulations implementing the nondiscrimination provisions of the Affordable Care Act. As we discussed in our March 30, 2016 blog, the rule prohibits discrimination on the basis … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged 1557, ACA, Affordable Care Act, benefits, final regulations, health care reform, HHS, Ninth Circuit, nondiscrimination, regulations, Title VII, transgender, transition benefits
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“A Trap for the Unwary” – Does Your Self-Funded Health Plan Provide Transgender Benefits? It Might Need to Soon.
Assistant Secretary of Labor Phyllis Borzi recently offered informal guidance on the broad scope of nondiscrimination regulations proposed under Section 1557 of the Affordable Care Act. During her remarks at the ABA Labor Section Employee Benefits Committee Meeting in February, … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged ACA, Affordable Care Act, health care reform, health plans, nondiscrimination, proposed regulations, transgender
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IRS Issues Relief for Certain “Closed” Defined Benefit Plans
In Notice 2014-5, the IRS provided temporary relief from the Code’s nondiscrimination rules for certain defined benefit plans that are closed to new participants. (This is sometimes referred to as a “soft freeze.”). The temporary relief allows employers who sponsor … Continue reading
Posted in Employee Benefits, Qualified Retirement Plans
| Tagged defined benefit plans, frozen plan, IRS, nondiscrimination, qualified retirement plans
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