HeyJaredRichard Nowak
- Indexed articles, last 90 days
- 6
- Latest publication
- Sep 21, 2026
- Outlet visibility, for Mondaq
- Top 500K sites
- Earliest in this view
- Aug 10, 2026
Latest articles
DOL Announces New Enforcement Policy For Mental Health Parity Nonquantitative Treatment Limitation Requirements (opens the original)
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On September 8, 2026, the US Department of Labor (the “DOL”) issuedField Assistance Bulletin No. 2026-03 (the “Bulletin”), which provides “guiding principles” for the DOL’s enforcement of the nonquantitative treatment limitation (“NQTL”) requirements under the Mental Health Parity and Addiction Equity Act (“MHPAEA”). The Bulletin provides “a streamlined and practical framework” for plan sponsors to comply with MHPAEA’s NQTL requirements, which have been criticized as creating “substantial confus
Tri-Agency Guidance Addresses Requirements For Tobacco Surcharge Programs (opens the original)
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On August 26, 2026, the US Departments of Labor, Health and Human Services, and Treasury (collectively, the “Departments”), issued important new guidance for plan sponsors addressing health-contingent wellness programs titled “FAQs About Affordable Care Act and Health Insurance Portability and Accountability Act Implementation Part 74” (“2026 FAQs”). In response to the ongoing wave of tobacco surcharge lawsuits, the Departments issued the 2026 FAQs to address whether a health-contingent wellness
Sixth Circuit Reaffirms ERISA Preempts State Law Claims Arising From Benefits Verification Calls (opens the original)
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On August 19, 2026, the Sixth Circuit held in Laurel Hill Management Services, Inc., v. La-Z-Boy, Inc., No. 25-1727 (6th Cir. Aug. 19, 2026) (“Laurel Hill”)that the Employee Retirement Income Security Act of 1974 (“ERISA”) preempts state law negligent misrepresentation and promissory estoppel claims brought by out-of-network providers “when those claims arise out of an ERISA-plan administrator’s oral assurances [during a benefits verification call] about the terms of coverage or reimbursement” u
Ninth Circuit Again Applies Effective Vindication Doctrine In Finding ERISA Plan Arbitration Clause Unenforceable (opens the original)
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On July 30, 2026, the U.S. Court of Appeals for the Ninth Circuit once again applied the judicially created “effective vindication doctrine”1 and held that an arbitration clause in a 401(k) plan document was unenforceable because it required the plaintiff-participant to waive substantive rights and remedies under ERISA. In Pover v. Capital Group Companies,2 a split panel3 of the Ninth Circuit held that the arbitration clause in the company’s 401(k) plan4 violated the effective vindication doctri
Ninth Circuit Applies Effective Vindication Doctrine (Again) In Finding ERISA Plan Arbitration Clause Unenforceable (opens the original)
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On July 30, 2026, the U.S. Court of Appeals for the Ninth Circuit once again applied the judicially created “effective vindication doctrine”1 and held that an arbitration clause in a 401(k) plan document was unenforceable because it required the plaintiff-participant to waive substantive rights and remedies under ERISA. In Pover v. Capital Group Companies,2 a split panel3 of the Ninth Circuit held that the arbitration clause in the company’s 401(k) plan4 violated the effective vindication doctri
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