EBIA Weekly Newsletter

Fifth Circuit Finalizes Judgment Vacating DOL’s Fiduciary Rule


   June 28, 2018

Chamber of Commerce v. U.S. Dep’t of Labor, 2018 WL 1325019 (5th Cir. 2018) (judgment issued as mandate on June 21, 2018) On June 21, 2018, the Fifth Circuit Court of Appeals finalized its judgment vacating DOL regulations regarding ERISA’s fiduciary definition and related prohibited transaction exemptions (collectively, the “Fiduciary Rule”). As background, ERISA’s definition of “fiduciary” … Read More


It’s Not Too Late: EBIA Advanced Conference Will Cover the New Final Association Health Plan Regulations and More!


   June 21, 2018

From late-breaking news such as the final AHP regulations, to difficult expense reimbursement, election change, and nondiscrimination questions, the EBIA Advanced Cafeteria Plans and Benefits Conference has it all. Join us in Seattle, July 10–12, 2018, and bring plenty of questions for our top-notch speakers—we’ve added extra Q&A time this year. And we’ve extended our … Read More


Appellate Court Rules Insurers Not Entitled to Payments Under Risk Corridors Program


   June 21, 2018

Moda Health Plan v. U.S., 2018 WL 2976278 (Fed. Cir. 2018) Available at http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-1994.Opinion.6-14-2018.pdf A three-judge panel majority of the U.S. Court of Appeals, Federal Circuit, has reversed the decision of the Court of Federal Claims, ruling on both statutory and contract grounds that a health insurer is not entitled to … Read More


Court Rules That Employee Was Fired for Improperly Accessing HIPAA Records, Not Age Discrimination


   June 21, 2018

Terrell v. Main Line Health, Inc., 2018 WL 2462005 (E.D. Pa. 2018) Available at http://www.paed.uscourts.gov/documents/opinions/18D0389P.pdf A federal court has dismissed a hospital secretary’s age discrimination claims, rejecting assertions that the stated reason for her termination—violation of her employer’s HIPAA policies—was a mere pretext. The secretary twice accessed a database containing protected … Read More