EBIA Weekly Newsletter

OCR Releases Checklist Identifying Steps to Take Under HIPAA Immediately After Cyber Attack


   June 15, 2017

A Quick-Response Checklist from the HHS, Office for Civil Rights (OCR) Available at https://www.hhs.gov/sites/default/files/cyber-attack-checklist-06-2017.pdf HHS’s Office for Civil Rights (OCR) has issued a Quick-Response Checklist, a guide explaining the steps for HIPAA covered entities and business associates to take in response to a cyber-related security incident. The Checklist explains that … Read More


Will a Retiree-Only Plan Jeopardize Its Exempt Status If It Also Covers Individuals on Long-Term Disability?


   June 15, 2017

QUESTION: Our company maintains a medical plan for retirees and individuals on long-term disability. Can we continue to treat this plan as exempt from HIPAA portability and certain health care reform mandates? ANSWER: A retiree-only plan that also covers individuals on long-term disability can meet the requirements for exemption from compliance with HIPAA portability and … Read More


DOL Advises Cooperative on ERISA’s Bona Fide Association Requirement


   June 8, 2017

DOL Advisory Opinion 2017-02AC (May 16, 2017) Available at https://www.dol.gov/agencies/ebsa/employers-and-advisers/guidance/advisory-opinions/2017-02ac The DOL has issued an advisory opinion concluding that a dairy cooperative’s proposed arrangement for providing group health benefits to unrelated employers would be an employee welfare benefit plan and a multiple employer welfare arrangement (MEWA) under ERISA. The long-standing cooperative—whose … Read More