EBIA Weekly Newsletter

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

The EBIA Advanced Conference: It’s One-Stop Shopping for the Latest on HRAs and HSAs, Association Health Plans, Code Section 4980H Penalty Assessments, and More!

   June 14, 2018

Join us in Seattle, July 10–12, 2018, for the EBIA Advanced Cafeteria Plans and Benefits Conference. Our outstanding panel of speakers will tackle topics including HIPAA security best practices, Medicare implications for employer plans, recent and ongoing wellness program litigation, ERISA’s outdated electronic-delivery safe harbor, and our annual Q&A panel on … Read More

Employer’s Endorsement of Long-Term Disability Policy Creates ERISA Plan

   June 14, 2018

Stolebarger v. Prudential Ins. Co. of Am., 2018 WL 2287672 (N.D. Cal. 2018) A former employee sued a long-term disability insurer under state law and ERISA after the insurer denied his claims for benefits under a policy purchased through his employer. The insurer moved to dismiss the state-law claims, arguing that they were preempted by … Read More

Ninth Circuit Reverses Mental Health Parity Residential Treatment Claim Denial

   June 14, 2018

Danny P. v. Catholic Health Initiatives, 2018 WL 2709733 (9th Cir. 2018) Available at http://cdn.ca9.uscourts.gov/datastore/opinions/2018/06/06/16-35609.pdf The Ninth Circuit Court of Appeals has held that a health plan must cover a participant’s expenses for residential mental health treatment services, even though they were incurred before final mental health parity regulations specifically required … Read More