Welfare Benefit Plan ERISA News
July 2017

 
SPD Was Enforceable Despite Referencing a Nonexistent Plan Document

"In litigation involving a health plan reimbursement claim, the Fifth Circuit ruled that a plan's summary plan description (SPD) could serve as the plan's "written instrument" under the Employee Retirement Income Security Act of 1974 (ERISA) (that is, the plan document) in the absence of a separate written instrument. The court concluded that the plan was entitled to reimbursement for payments made to a spouse who later settled her claim against a third party. Read full report at: (Thompson Reuters)

Two HHS Settlements for HIPAA Violations Include Penalties Totaling over $5 Million
""HHS has announced two major settlements it has reached with covered entities to resolve alleged violations of the HIPAA Privacy and Security Rules. The terms of each settlement agreement require the covered entity to pay a multimillion dollar penalty to HHS and implement a corrective action plan." Read the details: (The Wagner Law Group)

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© 2017 ERISAPros, LLC, All rights reserved. Information on ERISAPros' website, its newsletter, “News & Views,” and its blog, “ERISA Wonk,” is published as a general informational source. Information and articles are general in nature and are not intended to constitute legal or tax advice in any particular matter. Blog posts and comments reflect the personal views of their respective authors - not those of ERISAPros. Transmission of this information does not create an attorney-client relationship. ERISAPros, LLC is not a law firm and is not giving legal or tax advice. It does not warrant and is not responsible for errors or omissions in the content on its website or in its newsletters. ERISA is a complicated and confusing law. Summary Plan Descriptions (SPDs), Wrap Plan Documents, and Form 5500s require review and updating by qualified ERISA compliance professionals.

 

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