08.05.2018 07.03 CDT
The latest court decision invalidating the DOL’s proposed rewrite of the fiduciary rules adds more uncertainty for plan fiduciaries. How do fiduciaries get past the “noise” of conflicting courts and regulators and go about the business of protect plan interests?
Nature Abhors a Vacuum – and So Should Fiduciaries
Conflicting court opinions, dueling regulators and uncertain direction from the executive branch are making it harder for plan fiduciaries to do their jobs.
The U.S. Court of Appeals for the Fifth Circuit decision to invalidate the DOL’s new fiduciary rule is the latest in a string of confusing (and often conflicting) messages to plan fiduciaries. However, fiduciary duties under ERISA are grounded in some core principles that have not changed. The legal confusion surrounding certain fiduciary issues cannot obstruct fiduciaries’ execution of those duties.
19.03.2018 04.01 CDT
A new court decision could give the Administration an opportunity to completely withdraw the regulations expanding ERISA’s definition of fiduciary and limit the ability to expand the scope of ERISA’s fiduciary protections in the future.
Court of Appeals Strikes Down Fiduciary Rule
The U.S. Court of Appeals for the Fifth Circuit has issued an opinion striking down the DOL’s new fiduciary rule. The decision will add more (unwelcome) uncertainty.
On March 15 the U.S. Court of Appeals for the Fifth Circuit struck down the DOL’s new fiduciary rule. The decision, in very sweeping terms, concluded that the DOL did not have the regulatory authority to expand the previous definition of “fiduciary” contained in 1975 regulations. The breadth of the Court’s ruling, if upheld, makes it virtually impossible for the DOL to somehow modify the fiduciary proposal or to issue new fiduciary rules.
01.05.2017 12.47 CDT
Telemedicine helps reduce health care costs and improve outcomes – and could do more if regulators let it.
Telemedicine: Poised for Takeoff or Frustration?
For individuals who cannot travel or live in remote areas, telehealth can provide critical evaluation and condition management support.
Telemedicine - which includes a variety of electronic media to provide medical services and monitor patients with certain chronic conditions – holds much promise for reducing costs and improving outcomes. What are the obstacles to achieving even greater results?