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DOL Issues Final Regulations on Disability Benefits Claims Procedures
As has been the case for several months now, health care legislation has been front and center. However, the Department of Labor (DOL) has recently issued final regulations impacting health and welfare plans that will become law, and are not up for debate, as are other health care changes. On Dec. 16, 2016, the DOL published final regulations on disability benefits claims procedures for any group plans governed by the Employee Retirement Income Security Act of 1974, as amended (ERISA) that provide for disability benefits (the “Final Rule”). This Final Rule applies to any disability claims filed on or after Jan. 1, 2018, and will apply not only to health and welfare plans that provide for disability benefits, but also any qualified retirement plans that may offer disability benefits.
The DOL originally proposed amendments on Nov. 18, 2015, to align disability benefits claims procedures with those for group health and welfare plans under the Affordable Care Act. The Final Rule, issued just a month later, is substantially the same as the proposed November rule. In revising the claims procedures, the DOL concluded that enhancements in procedural safeguards similar to those required by the Affordable Care Act in group health plans were just as important in the case of claims for disability benefits. This article reviews some key provisions of the Final Rule.
Independence and Impartiality: Avoiding Conflicts of Interest
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?