EBIA Weekly Newsletter

Loose Language Makes Second-Level Appeal a Right, Not an Obligation


   October 12, 2017

Laura B. v. United Health Group Co., 2017 WL 3670782 (N. D. Cal. 2017) This claimant sued after her benefit claim and subsequent appeal were denied under her employer’s group health plan. The plan administrator asserted that the lawsuit was premature because the claimant had not completed the plan’s required second-level appeal to the appeals … Read More


Can Our Plan Accept a Plan Loan in a Rollover?


   October 12, 2017

QUESTION: A new employee of our company wants to roll her entire 401(k) account from her former employer’s plan into our plan, including an outstanding plan loan. Is this possible? Our 401(k) plan also has a participant loan program. ANSWER: The answer depends on the terms of both plans: whether the former employer’s plan permits … Read More


Check Out the Fall Line-Up From EBIA Learning: New Webinar Titles and a Two-Day Virtual Conference!


   October 5, 2017

EBIA Learning programs from Checkpoint Learning deliver the knowledge you need—in the comfort of your own office. This month’s webinars address benefits issues at on-boarding and termination, and group health plans for governmental and church employers. And there’s still time to register for our Advanced Virtual Conference in November or purchase our intermediate-level seminar recordings. … Read More


HHS Withdraws Proposed Regulations Requiring Health Plans to Certify HIPAA Compliance


   October 5, 2017

Administrative Simplification: Certification of Compliance for Health Plans; Withdrawal, 45 CFR Parts 160 and 162, 82 Fed. Reg. 46182 (Oct. 4, 2017). Available at https://www.gpo.gov/fdsys/pkg/FR-2017-10-04/pdf/2017-21424.pdf HHS has withdrawn proposed regulations that would have required certain health plans to certify compliance with specified HIPAA standards and operating rules and established penalties for … Read More