The Louisiana Insurance Department has recently commenced an effort to ensure compliance with the state’s regulations concerning Catastrophe Response Plans. According to a notification sent out by the Department, a considerable number of third-party administrators (TPAs) have not adhered to the requirements outlined in the Louisiana Revised Statute 22:572. This specifically relates to the obligation…
Blue Cross and Blue Shield of Illinois (BCBSIL) recently reported a data breach that occurred at HCSC Insurance Services Company. The incident took place on August 14, 2023, which BCBSIL then informed the Attorney General of Maine about it according to JD Supra. According to BCBSIL’s notice, the breach resulted in unauthorised access to consumers’…
In a significant development for businesses operating within the medical and legal sectors in Florida, the Third District Court of Appeals has just affirmed a trial court’s decision in Mercury Indem. Co. of Am. v. Pan Am Diagnostic of Orlando, No. 3D22-161. The case concerns the allowance of a fully completed and executed CMS Form…
In an attempt to ease the compliance burden on employers, the Internal Revenue Service (IRS) has offered a two-year transition period to implement the new Setting Every Community Up for Retirement Enhancement (SECURE) Act 2.0 Roth catch-up requirement. Detailed in Notice 2023-62, the IRS addresses a few pressing implementation issues surrounding this new legislation. The…
In a significant move for those working in the insurance, healthcare and legal industries, the U.S. federal government introduced new regulations and guidance on July 25, 2023. These changes are aimed at improving adherence to regulations outlined in the Mental Health Parity and Addiction Equity Act (MHPAEA). The requirements of the MHPAEA mandate insurance companies…
On August 22nd, the U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal of a major proposed class action case. This suit alleged that defendant insurance companies engaged in misconduct by leaking the plaintiffs’ driver’s license numbers. The court’s decision hinged on the premise that the plaintiffs didn’t have the standing necessary to…
In an insightful recent ruling, the United States District Court for the Southern District of Mississippi reversed a well-established insurance precedent. This development, of great interest to legal professionals in large corporations and law firms, tackles the issue of untimely notice in the context of insurance coverage. It decrees that an insurer must establish prejudice…
The trial date for a case surrounding former President Donald Trump’s actions in DC is expected to be determined today. The legal procedures examining his efforts to overturn the results of the 2020 election should gain more clarity under the decision. Further details can be found in Reuters’ report on the case. In an unexpected…
In an unfolding development within the legal sector, Axiom DWFM, the firm which recently acquired the Ince Group, is set to purchase Plexus Law. This comes after the latter filed a notice expressing its intent to appoint administrators, following a withdrawal of investor support in June. The future of the insurance-focused outfit, Plexus, hung in…
Data Media Associates, LLC (DMA), a major player in the health insurance industry, recently reported an important data breach related to their MOVEit platform. As reported on JD Supra, DMA discovered that an unauthorized party gained access to confidential consumer information stored on its third-party software platform, MOVEit. As such, it appears that complex cybersecurity…
On August 23, 2023, IEC Group, trading under the name AmeriBen, lodged a data breach notification with the Texas Attorney General. This action was necessitated after the realization that confidential customer data within the company’s purview was indeliberately accessible. In this remarkably troubling notification, AmeriBen reveals that this incident led to an unauthorized party’s ability…
Updates have been proposed to the technical compliance requirements of the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). The Departments of Labor, Health and Human Services, and the Treasury (referred to collectively as the “Departments”) introduced these proposals on July 25. These highly anticipated improvements focus on mental health and substance use…
About 100 Afghan women, hoping to receive higher education in Dubai, were halted on their journey by Taliban authorities. Sponsored by Dubai-based businessman Khalaf Ahmad Al Habtoor, the women were provided with scholarships in conjunction with the University of Dubai. In a public statement, Al Habtoor expressed outrage at the situation, citing a lack of…
After an extended notice and comment period spanning almost two years, the Comptroller of the Currency, Federal Reserve, and the Federal Deposit Insurance Corporation have released a notably anticipated final guidance for banks concerning the management of risks tied to third parties. An article published by JDSUPRA outlines the broad strokes of these guidelines. Alongside…
In the midst of the COVID-19 pandemic, one could imagine the surprise among many, learning that HIPAA (Health Insurance Portability and Accountability Act), doesn’t give broad protection for all health-related data. This acknowledgment spurred conversations among lawmakers, leading to some states passing statutes designed to protect consumer health data. Nevada has recently joined other states,…
Increasingly, companies across a variety of sectors are turning to innovative insurance solutions to manage risks and enhance business security. Among these solutions, group captive insurance structures are garnering significant interest. However, the question remains – Is group captive insurance right for your client? Group captive insurance and other captive structures have several benefits that…
In a recent, much-anticipated judgement given on August 15, 2023, the Tenth Circuit Court decided the PCMA v. Mulready case, rejecting Oklahoma’s argument that its pharmacy network requirements were not preempted by ERISA (The Employee Retirement Income Security Act). A detailed report on this judgment can be found in an article in JD Supra. The…
The U.S. Department of Labor (DOL) continues to act upon its pledge to enforce non-quantitative treatment limitation (NQTL) requirements, representing a key point of focus in its ongoing mission to uphold standards set by the Mental Health Parity and Addiction Equity Act. In a report issued to Congress last month, the Department demonstrated that it…
Law practice has often been misconstrued to necessitate round-the-clock commitment. However, delving into part-time law practice is a viable option that challenges this presumption. For practitioners who seek a balance between career and other personal pursuits, such a model provides them the flexibility to fulfill their professional and personal satisfaction as well as monetary ambitions…
Two families based in Florida have initiated a class-action lawsuit against the Florida Agency for Health Care Administration (AHCA) and the Florida Department of Children and Families (DCF). The suit alleges that officials are terminating ‘tens of thousands’ of residents’ Medicaid coverage, without providing ‘adequate individualized written notice.’ States, including Florida, have resumed determining eligibility…
Insurance claims and the growing role of artificial intelligence (AI) within this process are currently under debate. In a particular incident, 300,000 health insurance claims were denied with a limited human review. This case has prompted the creation of a bill in Harrisburg, which if passed, will compel insurance companies to disclose the use of…
Children are expensive. Moreover, expenses could mount dramatically when the parent-to-be needs to resort to surrogacy due to reasons like a medical condition or having a partner lacking the complementary reproductive capability. The cost of surrogacy could be especially heavy due to a rising phenomenon: Surrogacy insurance liens. The American medical insurance system is especially…
Defense attorneys Matt Moffett and Sean Herald of Gray Rust St. Amand Moffett & Brieske recently secured a victory against a plaintiff’s team represented by Morgan & Morgan’s Seth Diamond, Kendall Shortway, and William Degenhart in the State Court of Chatham County in Savannah, Georgia. Moffett and Herald were hired by the insurer to defend…
The International Legal Technology Association Conference (ILTACON) hit the ground running this week, as it commenced in Orlando from Sunday and is set to wrap up by Thursday. Attendees numbering over 3,200 and 1,700 members onsite had the opportunity to absorb enlightening content, interact with new contacts, and explore potential business opportunities. One of the…
When Peter Zaman was hired by Holman Fenwick Willan in 2021, his role as a climate finance and environmental products expert was clearly aligned with the firm’s energy, commodities, aerospace, shipping, construction and insurance sectors in Asia. All of these sectors deal heavily with fossil fuels, indicating a problem that Zaman, a former partner at…