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EEOC Revokes Stance That Health Plans Discriminate If Retiree Benefits Change Upon Medicare Eligibility

Client Alert | 1 min read | 08.21.01

In an August 20, 2001 release, the Equal Employment Opportunity Commission ("EEOC") retracted its position that employee benefit plans that either end or reduce benefits when a retiree becomes eligible for Medicare violate the Age Discrimination in Employment Act ("ADEA"). Recognizing that its previous policy could have the practical effect of discouraging employers from providing health care benefits for its retirees before they become eligible for Medicare, the EEOC has established an internal task force to study the issue and obtain input from interested stakeholders (i.e. employers, insurers, advocacy groups). For now, the EEOC will no longer litigate "Medicare bridge" cases. The EEOC re-emphasized its position that "An employer must offer to current employees . . . over the age of eligibility for Medicare benefits the same health benefits, under the same conditions, that it offers to any current employee under the age of 65."

Insights

Client Alert | 7 min read | 08.17.26

Delayed Notification of Cyberattacks May Trigger HIPAA Breach Notification Rule

After identifying a ransomware attack in 2021, OSF Healthcare System waited until its forensic investigation had concluded before notifying the U.S. Department of Health and Human Services (HHS) — and the affected individuals — of the breach. The 110-day delay (nearly double the 60-calendar-day notification deadline mandated by the HIPAA Breach Notification Rule) triggered an investigation from HHS’s Office for Civil Rights (OCR). The health system’s investigation determined that protected health information (PHI) had been stolen....