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23 Jan 2017, 2:47 pm by Cynthia Marcotte Stamer
Until these and other required actions are completed by the Agencies and the applicable plan sponsors, fiduciaries and other parties, employers and other plan sponsors, their management, their health plans, health plan fiduciaries, administrators and insurers remain legally obligated to continue to comply with the ACA as presently implemented under the existing regulations and judicial and administrative rulings. [read post]
10 Jul 2012, 3:10 pm by Cynthia Marcotte Stamer
  Her publications and insights appear in the Health Care Compliance Association, American Bar Association, Atlantic Information Service, Bureau of National Affairs, World At Work, SHRM, The Wall Street Journal, Government Institutes, Inc. [read post]
1 Aug 2017, 2:34 pm by Cynthia Marcotte Stamer
While many vendors offer similar tools and materials sold to employers and employee benefit plans, employers or benefit plan fiduciaries generally must pay fees, share promotional materials or meet at the requirements to deliver those resources as part of a vendor-supplied package. [read post]
3 Aug 2015, 12:07 pm by Cynthia Marcotte Stamer
Beyond benefit litigation, the employer or representatives of the sponsoring employer, if any, named or acting as fiduciaries, insurer or third party service providers named or acting as fiduciaries, also could face fiduciary lawsuits seeking damages, equitable relief, and attorneys’ fees and costs of court, for failing to prudently administer the plan in accordance with its terms and the law brought by covered persons or their beneficiaries or the DOL as well as… [read post]
15 Sep 2015, 5:37 am by Cynthia Marcotte Stamer
She also continuously helps employers, insurers, administrative and other service providers, their officers, directors and others to manage fiduciary and other risks of sponsorship or involvement with these and other benefit and compensation arrangements and to defend and mitigate liability and other risks from benefit and liability claims including fiduciary, benefit and other claims, audits, and litigation brought by the Labor Department, IRS, HHS, participants and beneficiaries,… [read post]
1 Aug 2016, 9:42 pm by Cynthia Marcotte Stamer
The court also held that the couple’s retaliation against Robbins breached Brain’s fiduciary duties under ERISA section 404 to the trust funds and that Cook participated knowingly in that breach. [read post]
14 Dec 2017, 4:16 pm by Cynthia Marcotte Stamer
  Consequently, employers and other plan sponsors, fiduciaries, administrators and insurers will want to act quickly to ensure that their plans, their summary plan descriptions and other communications, notices, processes, contracts and procedures are updated appropriately before January 1, 2018. [read post]
25 Aug 2012, 9:04 am
Per the study, only five of the REITs examined— Cornerstone Realty Income Trust Inc., Apple Suites Inc., Corporate Property Associates 10 Inc., Carey Institutional Properties Inc., and American Realty Capital Trust Inc. [read post]
1 Jul 2016, 12:23 pm by Cynthia Marcotte Stamer
She also continuously helps employers, insurers, administrative and other service providers, their officers, directors and others to manage fiduciary and other risks of sponsorship or involvement with these and other benefit and compensation arrangements and to defend and mitigate liability and other risks from benefit and liability claims including fiduciary, benefit and other claims, audits, and litigation brought by the Labor Department, IRS, HHS, participa [read post]
3 Feb 2020, 8:21 am by Cynthia Marcotte Stamer
   Solutions Law Press, Inc. invites you receive future updates by registering on our Solutions Law Press, Inc. [read post]
31 May 2016, 4:05 pm by Cynthia Marcotte Stamer
Unless the disclosure otherwise falls within another exception to the HIPAA Privacy Rule against disclosures without authorization, Plans, their sponsors, fiduciaries, third party administrators and other service providers and other members of the Plan workforce at minimum should be concerned that the HIPAA risks of disclosing protected health information in response to these state mandates after Gobeille. [read post]
27 Apr 2016, 9:01 am by Cynthia Marcotte Stamer
Employer and other plan sponsors, group health plan fiduciaries and insurers alike should make compliance with the ACA preventive care mandates a priority because violations of the preventive coverage rule not only exposes group health plans and insurers to potential liability for wrongful denial of benefits, breach of fiduciary duty for ERISA covered arrangements and other similar insurance claims for insurers under state law, noncompliance with these mandates generally triggers… [read post]
27 Apr 2016, 9:01 am by Cynthia Marcotte Stamer
Employer and other plan sponsors, group health plan fiduciaries and insurers alike should make compliance with the ACA preventive care mandates a priority because violations of the preventive coverage rule not only exposes group health plans and insurers to potential liability for wrongful denial of benefits, breach of fiduciary duty for ERISA covered arrangements and other similar insurance claims for insurers under state law, noncompliance with these mandates generally triggers… [read post]
11 Jul 2015, 2:14 pm by Cynthia Marcotte Stamer
In the face of these developments, health plans and their employer or other sponsors, health plan fiduciaries, health plan vendors acting as business associates and others dealing with health plans and their management should contact legal counsel experienced in these matters for advice and help about evaluating within the scope of attorney-client privilege the implications of the Resolution Agreement and other recent guidance on the adequacy and defensibility of their and their health… [read post]
13 Jul 2018, 10:37 pm by Cynthia Marcotte Stamer
Coupled with the Trump Administration’s recent rollout of its long promised association health plan, short-term coverage and other regulatory reforms and promises of more changes to come, the ongoing attention paid by the Administration and Congress  to health insurance and health care reform raises a strong possibility that employer, association, and other health plan sponsors, fiduciaries and their vendors that they and their plan members should be on watch for late-breaking… [read post]
10 Jan 2018, 1:30 pm by Cynthia Marcotte Stamer
Moreover, failing to comply with summary plan disclosure or claims or appeal adverse benefit determination notification requirements also may subject the plan administrator to administrative penalties under ERISA section 514(c); fiduciaries to ERISA fiduciary liability, and compromise the ability to defend otherwise defensible decisions. [read post]