Understanding Employee Benefits

Top Hat Plan Benefits Can Be Garnished

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In a recent District Court decision, a court held that non-qualified deferred compensation benefits being paid  to a participant under a “top hat” plan could be garnished by the participant’s creditor. Employers who sponsor plans covered by ERISA know that creditors cannot garnish a participant’s benefits under a qualified retirement... Read More

Topics: Deferred Compensation and 409A, Executive Compensation, Payroll

Texting Can Cause HIPAA Violations

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The Office for Civil Rights, which is the arm of the Department of Health and Human Services that enforces HIPAA privacy and security rules, recently announced the settlement of an enforcement action against a small cardiothoracic surgery practice. The practice reportedly posted protected health information (PHI) on an internet-based publically... Read More

Topics: Health Plan

Bad Things Can Happen to Employers Who Do Not Follow the Terms of Their Group Health Insurance Policies

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Blue Cross of Northeastern Pennsylvania (“Blue Cross”) insured New Life Homecare, Inc. (“New Life”) under a group health insurance contract. The insurance contract required New Life to enroll at least 75% of its eligible participants in the plan and provided that no more than 15% of the eligible employees could... Read More

Topics: Health Plan, Welfare Plans