Michelle Capezza Quoted in “ACA Birth Control Rules Top EBSA’s Spring Priority List”


Michelle Capezza, Member of the Firm in the Employee Benefits and Health Care and Life Sciences practices, in the firm’s New York office, was quoted in Law360, in “ACA Birth Control Rules Top EBSA’s Spring Priority List,” by Emily Brill. (Read the full version – subscription required.)

Following is an excerpt:

The Employee Benefits Security Administration’s spring priorities include allowing employers to opt out of covering birth control and expanding a program that allows employers to duck civil penalties for fiduciary violations, according to a list filed with the White House’s regulatory affairs office on Wednesday.

The agency also plans to alter the definition of “employer” under the Employee Retirement Income Security Act to pave the way for employer associations to create their own health plans, according to the list, which was submitted to the Office of Management and Budget as part of a twice-yearly, governmentwide unveiling of regulatory priorities. …

This rule would clear a roadblock preventing employer associations from creating health and welfare plans for their members by changing the definition of “employer” to include “employer associations.”

Michelle Capezza, a partner at Epstein Becker Green, called the rule “attractive to small employers, because they can operate as large groups.”

“It will be important to see if the requirements set forth in the proposed regulations for a bona fide group or association of employers to be considered an employer is clarified in any way,” Capezza said Wednesday.