Under the Mental Health Parity and Addiction Equity Act enacted in 2008, there must be “parity” between the benefits a group health plan provides for mental health and substance use disorder treatment and the benefits it provides for other medical and surgical treatment. But what “parity” means, and how a plan beneficiary can allege a violation of the Act, has been an open question.

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) went into effect on March 3, 2022. As an amendment to the Federal Arbitration Act (FAA), the legislation permits individuals alleging sexual assault and harassment to bypass forced arbitration under the FAA and pursue their claims in court. (9 USC § 402(a).)

The Mental Health Parity and Addiction Equity Act (MHPAEA) is a federal law that governs benefits provided by group health plans and health insurance issuers. Since its enactment in 2008, MHPAEA prohibits less favorable benefit limitations for mental health or substance use disorder benefits when compared to limitations on medical and surgical benefits. This law reflects the growing recognition that mental health is a key component of an individual’s overall health and well-being, as well as the fact that addiction is not a personality flaw but has medical components as well.

On September 27, 2023, Governor Newsom signed four bills into law aimed at protecting medical providers who perform abortions and gender-affirming services. The bills are anticipated to improve accessibility and affordability of services for all who need them. While these bills are focused on increasing protections for medical providers performing abortions and gender-affirming services, they confirm current access to healthcare for Californians and could have future impacts on employees’ health insurance.

The SECURE 2.0 Act of 2022, referred to herein as the Act, established new overpayment recovery rules. When a plan decides to recoup overpayments, the Act establishes limits on recovery amounts, recoupment methods, and the timing of recovery. Prior to the Act, the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) required pension plan fiduciaries to recoup any plan overpayments mistakenly made to participants. The law provided only narrow circumstances in which fiduciaries were not required to do so. Pension funds would often have no choice but to require retirees to pay back these sometimes significant overpayments—received through no fault of the retiree—creating serious strain particularly because retirees often depend heavily on their pension for necessities.

On June 29, 2023, the Biden administration announced that the National Integrated Group pension plan will receive more than $887 million from the federal Pension Benefit Guaranty Corporation (known as the PBGC), guaranteeing benefits for thousands who work in or have retired from manufacturing jobs, including United Auto Workers retirees. The plan was expected to run out of money in 2034, forcing retirees to lose 15% of their benefits.

On April 10, 2023, President Biden signed H.J.Res.7, officially declaring the end of the COVID-19 National Emergency. Separately, May 11, 2023 marked the end of the Public Health Emergency declared by the Department of Health and Human Services (“HHS”). The end of these two emergency periods means big changes for employee benefit plans, which should ensure that plan documents and policies are up-to-date.

The Ninth Circuit Court of Appeals recently published a decision in Wit v. United Behavioral Health, 58 F.4th 1090 (2023), a case that could potentially lead to a significant change in ERISA law. In short, the courts are analyzing whether a healthcare administrator can enact more restrictive internal guidelines as to what is medically covered than “generally accepted standards of care.”

On January 11, 2023, the United States Department of Veterans Affairs (“VA”) proposed a rule that would waive copayments for eligible Native American and Alaska Native veterans. There will be a 30-day period for the public to provide comments on the VA’s proposed rule. After reviewing public comments, the VA will develop and publish a final rule.

On January 11, 2023, the United States Department of Veterans Affairs (“VA”) proposed a rule that would waive copayments for eligible Native American and Alaska Native veterans. There will be a 30-day period for the public to provide comments on the VA’s proposed rule. After reviewing public comments, the VA will develop and publish a final rule.

Studies report many transgender patients encounter discrimination and difficulty accessing health care. California responded with Senate Bill 923.

California passed Senate Bill 107, which aims to protect transgender youth and their families from bans against gender-affirming care, particular those arriving in California from out of state.

The Setting Every Community Up for Retirement Enhancement Act (SECURE Act) was signed into federal law in 2019. On March 29, 2022, the U.S. House of Representatives passed the Securing a Strong Retirement Act of 2022 (“SECURE 2.0”) by a vote of 414 to 5.

The “explosive growth” in recent years of so-called “digital assets,” including cryptocurrencies such as Bitcoin, is undeniable: according to the White House, these currencies have a current market value of over $3 trillion, up from $14 billion five years ago, and “around 16% of adult Americans – approximately 40 million people – have invested in, traded, or used cryptocurrencies.”

On September 27, 2021 Governor Gavin Newsom signed into law AB 643, a bill requiring schools to notify apprenticeship programs of upcoming career or college fairs. The bill aims to increase student awareness of the substantial post-graduation training and career development opportunities that apprenticeship programs provide.

The National Apprenticeship Act, also known as the Fitzgerald Act, has not been reauthorized since it was first passed by Congress in 1937.

The COVID-19 pandemic has upended jobs and health care coverage for millions of people. As of May 2021, it is estimated that around 29.7 million people, including 7 million children, live in families where at least one individual did not have paid work because of unemployment or the pandemic.

More than one million workers and retirees were faced with the possibility of losing much of their pension benefits due to underfunded defined benefit plans, many still struggling to recover as a result of the 2008 recession and changes in their industries.

On December 21, 2020, bipartisan congressional leaders agreed on a $900 billion COVID-19 relief package, which included the “No Surprise Act” (“the Act”). The Act, which labor advocates supported, seeks to address the issue of “surprise” medical billings, i.e., large, unanticipated out-of-pocket expenses that insured patients incur through no fault of their own.

In Alameda County Deputy Sheriffs’ Association, et al. v. Alameda County Employees’ Retirement Association, et al., the California Supreme Court rejected a constitutional challenge to certain provisions of the Public Employees’ Pension Reform Act (PEPRA), and explained the legal test that applies when vested public pension rights are modified.