News

In a dispute involving long-term disability (LTD) benefits, a district court in South Dakota held that the Department of Labor's (DOL's) safe harbor for voluntary benefits applied regarding an employee's individual LTD policy. As a result, the LTD policy was not covered by the Employee Retirement Income Security Act of 1974 (ERISA) and the employee's state-law claims (which included bad faith and breach of contract) were not ERISA-preempted.

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In a coverage dispute involving a wilderness therapy program, a Utah district court held that the group health plan's blanket exclusion for wilderness therapy programs violated the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA).

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In a dispute involving long-term disability benefits under a plan governed by the Employee Retirement Income Security Act of 1974 (ERISA), the US Court of Appeals for the Second Circuit concluded that a benefit determination on administrative review under the Department of Labor's (DOL) claims regulations must decide with finality whether a claimant is entitled to benefits. The court rejected the insurer's argument that the DOL's regulations afforded the insurer flexibility and additional time to remand the matter for further internal consideration.

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The Department of Health and Human Services (HHS) has issued guidance on how health providers and health plans, as covered entities under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), can use remote communication technologies to provide audio-only telehealth services in compliance with HIPAA.

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In a dispute over reimbursements for COVID-19 testing and related services, a district court concluded that the coverage mandates under the Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) did not create a private right of action. The court therefore dismissed claims by health providers alleging that a health plan's insurer violated the FFCRA and Cares Act by failing to reimburse COVID-19-related testing services provided to plan participants. However, the court permitted the providers' related benefit claims against the insurer under the Employee Retirement Income Security Act of 1974 (ERISA) to proceed.

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As the highly contagious delta variant of the coronavirus struck communities nationwide in summer and fall of 2021, many companies stepped up their vaccine requirements, mandating that some or all employees get vaccinated or provide proof of vaccination, many doing so even before President Joe Biden announced the government's own mandates for American workers.

The Biden administration's vaccine mandate for federal contractors is currently on hold, while another for certain health care workers remains in place. The government's mandate for large businesses with 100 or more employees was blocked by the Supreme Court in early January and formally withdrawn by the Department of Labor’s Occupational Safety and Health Administration on Jan. 25.

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Oklahoma’s public safety agencies are struggling to find enough workers and officials hope to address the problem this year with pay raises, recruitment programs and mental health support services, according to agency budget presentations heard by state lawmakers last week.

The Oklahoma Highway Patrol is losing troopers to other law enforcement agencies with higher pay and seeing a rise in retirements due to mental health issues. 

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As skyrocketing COVID-19 cases deplete schools and max out hospitals, Gov. Kevin Stitt said he authorized employees of state agencies to substitute teach to stave off pandemic-related school closures.

The governor announced an executive order on Tuesday authorizing state agencies to allow their employees to substitute in public schools. Just under 32,000 people work for the state of Oklahoma.

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The email chains and phone calls among tribal leaders and lawyers started soon after President Joe Biden announced a sweeping plan Thursday to vaccinate millions of people against COVID-19.

Large private employers must require employees to get vaccinated or face frequent tests. Federal employees, federal contractors and staffers of many health care facilities must also get vaccinated.

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Defined benefit plans that are qualified, have ever been qualified, or have ever been determined by the IRS to be qualified are subject to the minimum funding standards of IRC Section 412. The minimum required contribution for a single-employer defined benefit plan (other than a CSEC plan) is determined under IRC Section 430. IRC Section 4971 imposes excise taxes on unpaid minimum required contributions. Title I of the Employee Retirement Income Security Act of 1974 (ERISA) also contains minimum funding standards.

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