In most cases, denials of ERISA plan benefits by administrators who have been granted discretionary authority to interpret and apply the plan are reviewed under an abuse of discretion standard, and may only be reversed if the denial was arbitrary and capricious. Such deference, however, is not without limits, and there are circumstances in which
Upcoming HIPAA Compliance Deadline: HIPAA Notice of Privacy Practices Updates Required by February 16
Group health plan sponsors should take note of the February 16, 2026 deadline to update HIPAA Notices of Privacy Practices (“NPPs”) to reflect recent privacy updates for Part 2 records.
What is an NPP and why does it impact employers and other plan sponsors?
HIPAA requires that covered entities, such as group health plans, provide…
No Surprises Here! Air Ambulance Providers Petition Supreme Court to Review Fifth Circuit’s No Surprises Act and ERISA Standing Decision
By Vinay Kohli & D. Austin Rettew on
In another development in the ongoing litigation over the enforceability of Independent Dispute Resolution (“IDR”) awards issued under the No Surprises Act (“NSA”), two air ambulance providers, Guardian Flight LLC and Med‑Trans Corporation, have filed a petition for writ of certiorari with the U.S. Supreme Court, seeking review of the Fifth Circuit’s decision holding that…
SEC Commissioner Signals Support for Private Assets in 401(k) Plans
By Jesse T. Foley, Adam Scoll & Nathan Schuur on
SEC Commissioner Mark T. Uyeda recently gave remarks in which he argued that the target date funds that are typically included in many 401(k) and other defined contribution plans may be missing out on higher returns and increased diversification by not having any exposure to private market investments.
After highlighting the potential benefits that private…