Roy Harmon

:: DOL Announces Proposed Safe Harbor For Small Pension & Welfare Plan Employee Contributions

he U.S. Department of Labor today announced a proposed rule to provide greater protection for employee contributions deposited to pension and welfare benefit plans with fewer than 100 participants by proposing a safe harbor period of seven business days following receipt or withholding by employers. “Our proposal will protect workers by encouraging employers to deposit …

:: DOL Announces Proposed Safe Harbor For Small Pension & Welfare Plan Employee Contributions Read More »

:: Benefits Blawg Update

Additional employee benefits blogs for the Benefits Blawgs page: Benefits Biz Blog A forum for topical employee benefits issues. Featuring discussions of how benefit law developments affect plan sponsors and participants and how retirement plan vendors may also be impacted by the issue of the day. Written by the benefits and executive compensation group at …

:: Benefits Blawg Update Read More »

:: Fifth Circuit Upholds State Insurance Regulation Of Subrogation Rights

Benefit contends that ERISA’s conflict preemption section, 29 U.S.C. § 1144(a) (“Section 514”), preempts Directive 175. Section 514 “supersede[s] any and all State laws insofar as they may now or hereafter relate to any employee benefit plan.” § 1144(a). The preemption is not complete, however, because ERISA saves “any law of any State which regulates …

:: Fifth Circuit Upholds State Insurance Regulation Of Subrogation Rights Read More »

:: Appellate Court Affirms State Insurance Department Cease & Desist Order Against TPA’s ERISA Challenge

The Department has agreed with EBM that certain of its ventures are within ERISA and are regulated by the Department of Labor. Indeed, the appealed order provided: “Belch and EBM are not prohibited from doing business with employers in the form of single employer self insured health plans as those activities are outside the scope …

:: Appellate Court Affirms State Insurance Department Cease & Desist Order Against TPA’s ERISA Challenge Read More »

:: “Blanket Prohibition” On Discovery In ERISA Benefit Claims Dispute Inappropriate

Like Magistrate Judge Shaffer in Jeffryes, 2006 WL 1186493, *2, I am not persuaded that a “blanket prohibition on discovery in ERISA cases is appropriate or required by the case law.” While it would not be appropriate to permit Plaintiff to conduct discovery directed to the factual merits of her claim, the Court will permit …

:: “Blanket Prohibition” On Discovery In ERISA Benefit Claims Dispute Inappropriate Read More »

:: Patient Health Management Incentives From The Payer’s Perspective

Scott MacStravic, Ph.D, questions whether insurance industry payers have sufficient economic incentives to promote their members’ proactive health management. Scott writes: At first glance, health insurance plans ought to be major supporters of proactive health management (PHM) for their member populations, at least to the extent that this reduces members’ use of sickness care. Most …

:: Patient Health Management Incentives From The Payer’s Perspective Read More »