EBIA Weekly Newsletter

DOL Highlights 2016 Mental Health Parity Enforcement Activity

   February 9, 2017

Fact Sheet: FY 2016 MHPAEA Enforcement Available at https://www.dol.gov/sites/default/files/ebsa/about-ebsa/our-activities/resource-center/fact-sheets/mhpaea-enforcement-2016.pdf The DOL has released a fact sheet summarizing its mental health parity enforcement activity in 2016. The DOL reports that it reviewed 191 health plans for compliance with the Mental Health Parity and Addiction Equity Act (MHPAEA), and 44 of those plans were cited … Read More

Can Employees Pay for Domestic Partner Health Coverage on a Pre-Tax Basis Through Our Cafeteria Plan?

   February 9, 2017

QUESTION: We are thinking about offering domestic partner coverage under our company’s group health plan. If we add this benefit, will employees be able to pay the premiums pre-tax through our cafeteria plan? ANSWER: The tax treatment of employer-provided health coverage for an employee’s domestic partner (or civil union partner) depends on whether the domestic … Read More

Short-Term Disability Plan Exempt From ERISA as Payroll Practice

   February 2, 2017

Foster v. Sedgwick Claims Mgmt. Serv., Inc., 2016 WL 6956669 (D.C. Cir. 2016) Available at https://www.cadc.uscourts.gov/internet/opinions.nsf/054B95EA4EABE1308525807A005448AC/$file/15-7150-1648071.pdf An employee whose claims had been denied under her employer’s short-term disability (STD) plan sued for benefits under ERISA. The trial court dismissed the case, ruling that the STD plan was exempt from ERISA as a “payroll … Read More