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2 Mar 2020, 11:04 am by Cynthia Marcotte Stamer
Today (March 2, 2020) is the deadline for employers and other health benefit program sponsors, insurers, plan administrators and fiduciaries, health care providers, PBMs and other interested persons to comment on proposed federal rule change that would require insured health plans to count drug rebates and price concessions retained by pharmacy benefit managers (PBMs) as administrative expenses for purposes of determining if the issuing insurer is required to rebate premiums under the medical loss… [read post]
19 Mar 2019, 3:25 pm by Cynthia Marcotte Stamer
 About The Author Recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” with special recognition LexisNexis® Martindale-Hubbell® as “LEGAL LEADER Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Labor & Employment,” “Tax: Erisa & Employee Benefits,” “Health… [read post]
10 May 2017, 10:20 am by Cynthia Marcotte Stamer
About The Author Recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” with special recognition LexisNexis® Martindale-Hubbell® as “LEGAL LEADER™ Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Labor & Employment,” “Tax: Erisa & Employee Benefits,” “Health… [read post]
27 Mar 2015, 3:42 pm by Cynthia Marcotte Stamer
For Help or More Information Cynthia Marcotte Stamer is recognized among the “Top Rated” Labor & Employment Lawyers in Texas in the 2014 LexisNexis® Martindale-Hubbell® list of Top Rated Lawyers. [read post]
21 Apr 2016, 10:07 am by Cynthia Marcotte Stamer
When conducting this review, Covered Entities and business associates also generally should consider the advisability of also reviewing their business associate agreements and the adequacy of these arrangements in light of any other contractual confidentiality and or contractual rights and commitments, regulatory requirements and other operational and risk management concerns that impact or interrelate with the relationship between the business associate and the Covered Entity. [read post]
21 Apr 2016, 10:07 am by Cynthia Marcotte Stamer
When conducting this review, Covered Entities and business associates also generally should consider the advisability of also reviewing their business associate agreements and the adequacy of these arrangements in light of any other contractual confidentiality and or contractual rights and commitments, regulatory requirements and other operational and risk management concerns that impact or interrelate with the relationship between the business associate and the Covered Entity. [read post]
27 Apr 2021, 5:15 pm by Cynthia Marcotte Stamer
Small and midsize employers and government employers interested in claiming refundable tax credits allowed by the American Rescue Plan Act of 2021 (“ARP”) to reimburse the employer for the cost of providing ARP-mandated paid sick and family leave to their employees due to COVID-19 (“COVID Leave”) between April 1, 2021 and September 30, 2021 should review the new fact sheet designated FS-2021-09 (“FS-2021-9”) published by the Internal Revenue Service on April 21,… [read post]
12 Oct 2017, 4:22 pm by Cynthia Marcotte Stamer
Solutions Law Press, Inc. is preparing initial analysis of this Executive Order and will be closely monitoring and updating this analysis. [read post]
28 Mar 2019, 2:54 pm by Cynthia Marcotte Stamer
As a part of this process, businesses and their leaders generally should plan to: Review subcontractor, temporary, lease employee, independent contractor and other outsourced labor and services relationship for potential risk of worker reclassification and tighten contracting and other procedures; Audit the position of each employee currently classified as exempt to assess its continued sustainability and to develop documentation justifying that characterization; Audit characterization of… [read post]
6 Oct 2017, 1:04 pm by Cynthia Marcotte Stamer
Human resources, employee benefits and other businesses and their leaders can expect to experience challenges dealing with fraudulent uses of misappropriated information as well as demands that they tighten up their background check, data security and usage and other practices and documentation to mitigate risks from the compromised data. [read post]
15 Dec 2018, 7:41 am by Cynthia Marcotte Stamer
About the Author Recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” with special recognition LexisNexis® Martindale-Hubbell® as “LEGAL LEADER Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Labor & Employment,” “Tax: Erisa & Employee Benefits,” “Health… [read post]
12 Dec 2017, 1:27 pm by Cynthia Marcotte Stamer
Employers and health plan fiduciaries should consider engaging experienced legal counsel to conduct this review on behalf of the employer other plan sponsor within the scope of attorney-client privilege so as to assess and address these potential risks on a timely basis. [read post]
27 Apr 2016, 9:01 am by Cynthia Marcotte Stamer
Employer and other group health plan sponsors, fiduciaries and administrators and  individual and group health insurers should confirm their plan documents and practices comply with new additional guidance on when the Patient Protection and Affordable Care Act (ACA) preventive care mandates set forth in Public Health Services (PHS) Act section 2713, the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code (the Code) require non-grandfathered group health plans to cover… [read post]
27 Apr 2016, 9:01 am by Cynthia Marcotte Stamer
Employer and other group health plan sponsors, fiduciaries and administrators and  individual and group health insurers should confirm their plan documents and practices comply with new additional guidance on when the Patient Protection and Affordable Care Act (ACA) preventive care mandates set forth in Public Health Services (PHS) Act section 2713, the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code (the Code) require non-grandfathered group health plans to cover… [read post]
3 Aug 2015, 12:07 pm by Cynthia Marcotte Stamer
Employers, Insurers & Plan Fiduciaries Face Big Risks From Out-Of-Pocket Limit & Other Federal Health Plan Rule Violations As amended by ACA, health plan violations of ACA and various other federal health plan mandates carry big risks for health plans, their sponsoring employers, and representatives of sponsoring employers, insurers and third party administrators responsible as fiduciaries for administering a group health plan in accordance with these federal rules. [read post]
16 Jun 2020, 5:42 pm by Cynthia Marcotte Stamer
While most COVID-19 test results won’t draw the widespread coverage and public interest that Elliott’s diagnosis did, businesses generally and health care providers, health plans, health care clearinghouses specifically need to recognize that coverage of the Elliott outrage will heighten awareness and therefore their need to properly handle and protect COVID-19 or other infectious disease and other testing, diagnosis, treatment and other medical and disability information collected or… [read post]
19 Oct 2015, 8:46 pm by Cynthia Marcotte Stamer
Ranching businesses that employ foreign workers with H-2A VISAs to herd sheep, goats, cattle or other range livestock (“Herders”) should begin preparing to comply with significant changes in the Labor Department regulations governing the recruitment and employment of Herders made in the new Labor Department Final Regulation on Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Range (Final Rule). [read post]
13 Jul 2018, 10:37 pm by Cynthia Marcotte Stamer
A flurry of activity in the House Ways & Means Committee and other Congressional committees over the past few weeks signals the advisability of keeping a close eye on health care and health benefit reform proposals this Summer in anticipation of both the Fall health benefit enrollment and renewal season and the mid-term November Congressional elections. [read post]