ERISA Insights

Supreme Court Accepts Cert in PBM Preemption Case

The Supreme Court has just granted certiorari in another ERISA case—Pharm. Care Mgmt. Ass’n v. Rutledge, 891 F.3d 1109 (8th Cir. 2018). In Rutledge, the Eighth Circuit held that ERISA preempts an Arkansas’ statute regulating pharmacy benefit managers’ drug reimbursement rates with pharmacies. Following prior...

Fifth Circuit Strikes Down ACA’s Individual Mandate, for Now

The “ACA Wars” continue, with the Fifth Circuit holding that the Affordable Care Act’s individual mandate is unconstitutional. In Texas v. United States, 945 F.3d 355 (5th Cir. 2019), the Fifth Circuit addressed yet another challenge to the ACA, this time stemming from Congress’ decision...

Sample ADA Notice for Wellness Programs

The EEOC has published a sample notice intended to help employers comply with the notice requirement under the new Americans with Disabilities Act (ADA) final rule (published on May 17, 2016). The final rule requires employers offering wellness programs that collect employee health information to...