Developments in Benefits, Compliance
California law requires group health insurance policies (including managed care plans) to provide certain benefits for women. The California benefit mandates are in addition to the federal benefit mandates affecting coverage for women, such as the Women’s Health and Cancer Rights Act, the Newborns’ and Mothers’ Health Protection Act and the Affordable Care Act.
This legislative brief provides an overview of California’s health insurance mandates for women.
- View the PDF
Under California law, insured group health plans that cover dependent children may not terminate a dependent child’s coverage earlier then age 26. California law mirrors the federal Health Care Reform Law that mandates health plans make dependent coverage available for adult children up until the age of 26, effective for plan years beginning on or after Sept. 23, 2010. In addition, California law has special rules for student coverage and disabled dependents.
This legislative brief describes the federal and state dependent coverage requirements and related tax laws. It also discusses compliance implications for California employers.
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The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities. Title I of the ADA covers employment by private employers with 15 or more employees as well as state and local government employers. The Rehabilitation Act provides the same protections related to federal employment. In addition, most states have their own laws prohibiting employment discrimination on the basis of disability. Some of these state laws apply to smaller employers and may provide protections in addition to those available under the ADA. This article provides EEOC guidance on how the ADA might apply to job applicants and employees who have or had cancer. - View the PDF
The Department of Labor (DOL) has broad authority under ERISA to investigate or audit an employee benefit plan’s compliance with various federal laws. In connection with an investigation or audit, the DOL generally requires the submission of records or documents related to an employee benefit plan. Typically, an employer first learns that its employee benefit plan has been selected for a DOL audit when it receives a letter from the DOL explaining the audit and requesting certain records or documents.
Recently, the DOL has been using its investigative authority to enforce compliance with the health care reform law, or the Affordable Care Act (ACA). DOL audit letters have been requesting that health plan sponsors provide documents demonstrating compliance with ACA’s mandates. - View the PDF
A growing number of U.S. companies provide benefits, such as health insurance coverage, for their employees’ domestic partners. Businesses may decide to offer domestic partner benefits to attract and retain talented employees or because they desire to provide equal benefits regardless of marital status or sexual orientation.
At the federal level, there are no laws that require or prohibit domestic partner benefits in the workplace. However, the federal Defense of Marriage Act of 1996 (DOMA) impacts the taxation of employer-provided domestic partner benefits. Also, a number of states have enacted same-sex marriage, civil union and domestic partnership laws that affect domestic partner benefits.
This Employment Law Summary provides an overview of the federal and state domestic partner laws affecting California employers and insurance carriers. - View the PDF
A medical child support order is a judgment, decree, or order (including an approval of a property settlement) that: Is made pursuant to State domestic relations law (including a community property law) or certain other State laws relating to medical child support (see Q1-8); and Provides for child (more)