Benefits Blast

In the past few months, group health plans have experienced a surge of litigation challenging premium surcharges based on participants’ tobacco use.

On March 13, 2020, President Trump issued a proclamation declaring that the COVID-19 outbreak in the United States constitutes a national emergency beginning March 1, 2020. Recently, the Departments of Labor and Treasury and the Internal Revenue Service issued a final ruling that extends certain timeframes affecting participant and beneficiary rights under group health plans, disability plans, welfare plans, and other employee benefit plans covered by the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code during the National Emergency.

Promotion of mental and behavioral health is an important part of an employer’s approach to the general productivity, health, and well-being of its workforce. In adopting emerging technologies to address these needs, employers should take care to ensure that legal requirements are met and contractual protections are in place.