NFP Benefits Compliance Podcast

In this episode, Suzanne Spradley and Chase Cannon break down the Senate's version of the One Big Beautiful Bill, released on June 16, 2025. Suzanne outlines the budget reconciliation process and how the so-called “Byrd Rule” comes into play. Suzanne and Chase discuss the similarities and differences between the House and Senate versions of this bill and how the two can align on those differences. Suzanne outlines one major difference relating to the Senate's exclusion of certain benefit-related provisions (HRA/CHOICE/ICHRA amendments and HSA expansions and flexibilities, to name a few) that were in the House's version. Suzanne and Chase conclude with thoughts on what employers can expect in the coming weeks as the legislative process plays out.

In this episode, Chase Cannon and Suzanne Spradley outline the latest proposed bill from the U.S. House of Representatives, potentially up for a vote in the coming weeks. Chase outlines a key element missing from the proposed bill ‒ caps, cuts, or elimination of the so-called employer tax exclusions for health insurance ‒ and explains why it's important for employer health plan sponsors. Chase and Suzanne spend the rest of the episode describing potential changes to HSAs and HRAs, including flexibility with HSA eligibility, increases on HSA contribution limits, and a new vehicle (called a “CHOICE arrangement”) for reimbursing an employee's individual policy premium.

In this episode, Suzanne Spradley and Chase Cannon review a recent industry focus-study on the economic impact of capping or eliminating the tax benefits associated with employer-provided health plans. Suzanne begins by providing a background on the employer-sponsored insurance tax breaks, their impact on employers and employees, and why Congress is considering a potential cap or elimination of those tax breaks. Suzanne and Chase discuss a recent study that addresses the negative downstream impact of such a cap or elimination, including detrimental economic, health insurance coverage, and health outcomes. Employers should be aware of these impacts and outcomes as Congress continues to view healthcare tax benefits as a source of revenue to offset other tax credits and breaks, including those that Congress wants to extend as part of the Tax Cuts and Jobs Act (which is set to expire at the end of 2025).

In this episode, Chase Cannon and Suzanne Spradley discuss some interesting questions relating to health savings accounts (HSAs), including basic eligibility, impermissible coverage, and employer responsibility when determining an individual employee's HSA eligibility. Chase jumps in on a response to a question about HSA eligibility regarding a health FSA grace period. Chase and Suzanne conclude with a discussion about Medicare enrollment and HSA eligibility and whether employers should automatically terminate HSA contributions when an employee turns 65.

In this episode, Suzanne Spradley and Chase Cannon discuss recently published proposed regulations relating to HIPAA's Security Rule. Suzanne leads off with an overview of the HIPAA privacy and security rules generally, focusing on security — the usage of personal health information in electronic form. Suzanne and Chase discuss potential changes in definitions under HIPAA's Security Rule, how the risk analysis requirement might be impacted, and what employers should be considering with their internal benefits, technology, and IT teams. Suzanne closes the podcast with her thoughts on the process and timeline for finalizing the proposed regulations.

In this episode, Suzanne Spradley and Chase Cannon discuss the debate relating to employer-sponsored group health plan coverage and insurance tax exclusion. Suzanne describes what is meant by employer-sponsored insurance (ESI) and the background on the tax breaks that employers and employees receive when it comes to ESI. Suzanne and Chase walk through the two sides of the debate on keeping or remodeling the ESI tax exclusion, which could become a bigger issue in 2025 with respect to tax and health policy under the constantly changing legislative environment in DC.

In this episode, Chase Cannon and Suzanne Spradley discuss the recent revival of vendor-promoted pre-tax wellness arrangements that promise large tax savings for employers and employees with little employer investment. Chase leads off with a brief description of these programs and their purported claims on employment tax savings for both employees and employers. Chase and Suzanne review the various iterations of the programs, explain how their tax-free reimbursements are not allowed under the related rules, and discuss how the IRS has attempted to address their illegitimacy through several pieces of guidance. Chase closes out the podcast by identifying red flags to help listeners recognize these problematic programs.

In this episode, Suzanne Spradley and Chase Cannon review the current state and federal regulation of pharmacy benefit managers (PBMs), focusing on litigation surrounding recent state-enacted PBM rules. Suzanne starts off with a high-level description of PBMs and the role they play in the group health plan context. Suzanne and Chase discuss the plethora of state laws (proposed and enacted) focused on PBM regulation and the role courts have played in ERISA preemption of state laws, including in Arkansas, Oklahoma, and North Dakota. Suzanne concludes with a discussion of ERISA fiduciary obligations in the context of the J&J lawsuit, including a few employer takeaways on establishing a process for making plan-related decisions on pharmacy and other benefits and administration.

In this episode, Suzanne Spradley and Chase Cannon discuss the US importation policies and rules aimed at lowering domestic prescription drug costs. Suzanne walks through the legalities of drug importation generally and then outlines the specific programs by which states can develop importation plans. Chase and Suzanne discuss several state importation proposals and how they could potentially bring savings to US consumers. Suzanne closes by addressing Canadian concerns relating to potential US drug importation.

In this episode, Chase Cannon and Suzanne Spradley remind employers about important ACA employer mandate reporting deadlines with the IRS, including a change in electronic reporting in 2024 for smaller employers. Chase also outlines some updated numbers relating to the federal poverty line (FPL), ACA affordability calculations and ACA penalty amounts, which are all adjusted annually. Suzanne and Chase finish with a discussion on an IRS alert regarding wellness vendors that are erroneously claiming certain expenses are “medical care” under the IRS rules.

In this episode, Suzanne Spradley and Chase Cannon give an overview of the No Surprises Act (NSA) — a consumer health protection law that places certain requirements on providers and payers (insurers and group health plans). Suzanne describes the main requirements under the NSA and introduces the Independent Dispute Resolution (IDR) process, which is an integral part of the NSA's implementation. Suzanne and Chase discuss the challenges facing the IDR in its first few years, as well as the legal challenges to the federal guidance outlining IDR procedures and practices. Suzanne closes with a discussion of what to look for in 2024 and how the NSA and IDR may impact employers.

In this episode, Chase Cannon and Suzanne Spradley discuss employer compliance with the HIPAA privacy and security rules via lessons learned from three new HHS HIPAA settlement announcements. Chase leads off with a high-level review of the HIPAA rules for both fully and self-insured plans and the importance of safeguarding protected health information (PHI). Chase and Suzanne discuss the background and scenarios that led to the HHS investigation, how unauthorized access to PHI arose in the three settlement scenarios, and the importance of employers running a HIPAA risk assessment to get ahead of potential HIPAA problems. Chase and Suzanne share practical tips on HIPAA compliance, including training employees, involving IT and Technology teams when developing policies and procedures, and controlling access points (servers, emails, etc.) to electronic and physical PHI.

In this episode, Suzanne Spradley and Chase Cannon discuss a recent circuit-level decision relating to employee termination and its interaction with a participant lawsuit based on ERISA Section 510 (which prohibits an employer's interference with a plan participant's right to benefits). Suzanne provides background on ERISA 510 and how it applies to employer's group health plans. Suzanne and Chase analyze a case where an employer terminated an employee shortly after their return to work following a leave of absence for a medical procedure. The two close by discussing how the court weighed certain factors when determining the employer violated the participant's Section 510 rights.

In this episode, Chase Cannon and Suzanne Spradley take a tour across the nation as they review several new regulatory developments in six states that could impact employers with employees or fully insured plans in those states. Chase outlines new or recently effective paid family leave rules in New York, Oregon, and Maine. Chase and Suzanne delve into the impact of 2024 rate adjustments relating to San Francisco's Health Care Security Ordinance and New York's Paid Family Leave laws, including updated notices and other information on which employers need awareness. The two attorneys also highlight several new Texas laws that implicate multiple employer welfare arrangements (MEWAs) and fully insured plan coverage of prescription drugs and ground ambulance services.

In this episode, Suzanne Spradley and Chase Cannon address a recent appellate-level court case that addresses ERISA preemption of a recently enacted Oklahoma state law regulating pharmacy benefit managers (PBM). Suzanne begins by laying the groundwork and history of ERISA and ERISA preemption. Suzanne and Chase discuss the Oklahoma state PBM law and the players in the court case challenging the applicability of that state law. Suzanne details the court's analysis on the circumstances required for ERISA to preempt (overrule) a state law, and she covers the court's opinion and decision. Suzanne and Chase conclude the podcast by discussing the impact of the court's decision on employers.

In this episode, Chase Cannon and Suzanne Spradley discuss recent enforcement on MHPAEA. Chase jumps in with a description of DOL's enforcement approach, including working through TPAs to identify plans that have or had ABA therapy exclusions. Suzanne and Chase discuss the administrative challenges with reprocessing ABA exclusion claims, which the DOL is asking TPAs to assist plans with. The two close with a high-level review of the recent DOL Enforcement Fact Sheet and promise a more in-depth review of the recent MHPAEA proposed regulations and report to Congress on the next podcast.

In this episode, Suzanne Spradley and Chase Cannon review several new pieces of proposed federal legislation coming out of the House. Suzanne discusses the Transparency in Billing Act, which requires hospitals to have better and more accurate billing practices, policies and procedures with respect to outpatient departments. Suzanne and Chase dive into two other proposed bills aimed at PBMs and prescription drug pricing and creating a more shoppable healthcare system. Suzanne closes with some highlights on a proposed bill aimed at increasing transparency in fees from PBMs and TPAs.

In this episode, Chase Cannon and Suzanne Spradley discuss a recent IRS memo on wellness benefit payments via employer-funded fixed indemnity plans. Chase outlines the various iterations and structure of vendor-promoted wellness programs, which usually purport huge employment tax savings for employers. Chase and Suzanne outline the relevant tax rules and where these programs usually run afoul of those laws. The two close with a discussion on the recent IRS memo and what it means for employers considering these types of programs.

In this episode, Suzanne Spradley and Chase Cannon review the CAA's prohibition on gag clauses in TPA and service provider contracts, as well as the employer's obligation to attest to the removal of gag clauses (due December 31, 2023, for the first time). Suzanne outlines the challenges employers and plans face when working with TPAs, and explores how recent guidance attempts to address those challenges. Additionally, Suzanne and Chase discuss two recent cases between plans and their TPAs. They examine how these cases may impact employers' paths forward in complying with the CAA gag clause prohibition and attestation requirements.

In this episode, Chase Cannon and Suzanne Spradley discuss updates on the ACA preventive care mandate litigation, including a stay issued by the Fifth Circuit Court of Appeals. HSA contribution limits become a topic of discussion, as the IRS recently published updated numbers. Chase and Suzanne also discuss a common problem for employers filing Form 5500 with respect to missing Schedule A information from carriers.

In this episode, Suzanne Spradley and Chase Cannon have a look at the national debt and debt ceiling and how they impact employers and their group health plans. Suzanne leads off with a discussion on the national debt and how Congress sets the debt ceiling. Suzanne and Chase go in depth on what a failure to raise the debt ceiling and/or default on debt could mean for the healthcare industry. Suzanne closes with a discussion on mandatory and discretionary spending and how the tax exclusion for employer-provided benefits could potentially be at risk.

In this episode, Chase Cannon and Suzanne Spradley review several recent HIPAA violation settlements from the HHS Office for Civil Rights. Chase starts off by reviewing the general HIPAA obligations of fully and self-insured plans, including the importance of a HIPAA risk assessment. Chase and Suzanne discuss three real-life scenarios outlining ways in which companies experienced HIPAA breaches. Chase emphasizes the importance of a solid IT and technology team as part of a company's HIPAA privacy and security strategy, including the development and implementation of certain policies and procedures. The two also discuss lessons learned from the settlements in the context of an employer group health plan.

In this episode, Suzanne Spradley and Chase Cannon discuss a recent Texas court ruling that invalidates a portion of the ACA's preventive services coverage requirement. Suzanne provides a background of the plaintiffs and their arguments, including a Constitutional problem with the way the government appointed officers under the ACA and a religious freedom violation. Suzanne and Chase discuss the court's decision, including the potential for a stay (hold) on the decision and the decision's impact on fully and self-insured plans.

In this episode, Chase Cannon and Suzanne Spradley address recent IRS guidance that mandates electronic filing of certain tax forms – including Forms 1095-C – for smaller employers. Chase describes the background from Congress and the IRS and explains what it means now that any employer filing 10 or more forms (previously, this was 250) will be required to do so through the IRS electronic filing system. Suzanne and Chase discuss the impact on smaller employers, along with updated employer mandate penalties and certain state filing requirements for employers. Chase closes with an outline of a proposed bill in Congress addressing benefits continuation for employees locked out or participating in a strike.

In this episode, Suzanne Spradley and Chase Cannon discuss potential activity at the federal and state level relating to PBM transparency. Suzanne begins the discussion by outlining a few proposals from Congress that attempt to hold PBMs accountable for unfair and deceptive practices that may be driving up prescription drug costs. Suzanne then addresses a few state proposals that attempt to regulate PBMs. Suzanne and Chase close by discussing the potential impact on employers and their group health plans.

In this episode, Beth Allen and Chase Cannon look at several new developments for plan compliance in 2023. The two start with the recent announcement on the end of the COVID-19 public health emergency, which impacts the outbreak period and extension of timeframes for certain compliance deadlines. Chase then dives in on the CAA 2023 extension of relief for telehealth services in conjunction with HSA eligibility. Chase and Beth close by outlining several state compliance challenges, including state law interaction with telehealth services and the ever-evolving landscape of state paid family and medical leave laws.

In this episode, Suzanne Spradley and Chase Cannon highlight several areas of healthcare policy and compliance that will be on center stage in 2023. Suzanne starts with a discussion of transparency in healthcare and prescription drug costs, including several compliance requirements that will take effect in 2023. Suzanne and Chase discuss state compliance challenges, including abortion travel coverage, paid family and medical leave, and new legislation aimed at providers (but could indirectly impact employers). Suzanne closes by addressing the extension of telehealth relief with respect to HSA eligibility and what to look for in 2023 on the mental health parity analysis requirement.

In this episode, Suzanne Spradley and Chase Cannon discuss several recent COBRA cases. Suzanne starts by outlining several class action lawsuits filed against employers and plan sponsors relating to deficiencies in an employer health plan's COBRA election notice. Suzanne and Chase discuss the use of the DOL's Model Election Notice and how that usage interacts with potential DOL regulatory fines and participant lawsuits, and how employers can get into trouble by not including the appropriate information in the model or other election notices. Suzanne then describes a lawsuit against a single employer relating to a COBRA election notice delivery failure, including the involvement of a TPA.

In this episode, Chase Cannon and Suzanne Spradley discuss three recent court rulings—all at the district court level. Chase outlines the first case relating to a COBRA election notice failure, including takeaways for employers to enhance their notice distribution procedures. Chase and Suzanne dive into an ACA-related case challenging gender-affirming care guidance published by HHS earlier in 2022. The two close with a review of a third case challenging certain aspects of the ACA's preventive care mandate.

In this episode, Suzanne Spradley and Chase Cannon walk through recent activity in the House and Senate relating to several new laws under consideration on coverage of mental health services. Suzanne starts by reviewing some potential changes relating to Medicare coverage of mental health services, such as required behavioral health monitoring for suicide ideations and the need for interventions such as detoxification for substance abuse. Suzanne and Chase walk through proposals from the House on coverage for forensic medical exams relating to sexual assault. Suzanne and Chase close with a discussion of provider network proposals and the Senate's reauthorization of funding for the Jackie Walorski Maternal and Child Home Visiting Act, which promotes healthy pregnancy practices, language development and early learning at home.

In this episode, Chase Cannon and Suzanne Spradley discuss the benefits provisions of the recently-enacted Inflation Reduction Act. Chase walks through the extension of premium tax credit expansions through 2025, and the impact on employers with respect to the employer mandate penalties. Next, Chase and Suzanne discuss Medicare prescription drug cost reductions and a formalization of prior IRS guidance that allows HDHP coverage of insulin in certain circumstances without impacting HSA eligibility. The two close the podcast by outlining the new law's increased funding of the IRS and how that might impact compliance enforcement on employer group health plans.

In this episode, Chase Cannon and Suzanne Spradley recap the past few weeks' guidance relating to Post-Dobbs considerations on employer coverage and reimbursement of abortion-related services. Chase starts by comparing the approaches of two different states – Texas and New Jersey – with respect to the legality of abortion services. New laws and developments in each of those states highlight the challenge of navigating state law for employers. Suzanne and Chase then discuss the directives from the most recent executive order, aimed at protecting abortion access. Chase dives in on two new pieces of HHS guidance relating to abortion coverage. The two close with a discussion on the importance of time and patience and how court decisions will shape the future environment for employers and group health plans.

In this episode, Suzanne Spradley and Patrick Myers discuss recent guidance concerning the interaction between FMLA and mental health conditions. Suzanne provides some context for this guidance and a brief refresher on FMLA itself. Suzanne and Patrick then discuss how mental health conditions can apply in a FMLA context, including when a mental health condition is a “serious health condition” or a disability. Suzanne continues with a discussion about how mental health conditions and FMLA apply to an employee's family members, FMLA military caregiver leave, and retaliation. Suzanne and Patrick close with a reminder that other state and federal laws may also apply in this context, and employers should review their FMLA and leave policies to make sure that mental health conditions are provided for.

In this episode, Suzanne Spradley and Chase Cannon discuss hospital prices and their impact on employer group health plans. Suzanne describes this issue as it relates to the new transparency in coverage rules. Suzanne and Chase review a recent study that reviews hospital prices nationwide, including Medicare-certified, short-stay and other facility types. Suzanne discussing the findings of the study, price consistency among the various states, and what it all might mean for employer-sponsored group health plans. Suzanne and Chase close with a discussion of what other means might be available for controlling healthcare costs.

In this episode, Chase Cannon and Suzanne Spradley look at the recent rise in so-called “point solution programs.” These add-on programs enhance or expand on a group health plan offering and have benefits such as mental health, musculoskeletal, life coaching and fertility. Chase explains some of the compliance challenges that arise from offering the programs, including ERISA, COBRA, and ACA issues when the programs include components of medical care. Next, Chase and Suzanne discuss the challenges surrounding HSA eligibility and taxation, and the two close with general comments on these types of programs.

In this episode, Suzanne Spradley and Chase Cannon update us on employer compliance obligations under the Transparency in Coverage (TIC) rules. Suzanne begins with an overview of the TIC rules and how they are meant to address consumerism and rising health care costs. Suzanne and Chase then hone in on the actual requirements, including posting of plan information, with both in-and-out-of-network rates. Next, Suzanne dives in on the different challenges for fully and self-insured plans, and the importance of employers working closely with their carriers and TPAs. The episode closes out with a discussion on provider and TPA contracting.

In this episode, Chase Cannon and Sarah Burns revisit recent mental health claims litigation under the Employee Retirement Income Security Act (ERISA) and the Mental Health Parity and Addiction Equity Act (MHPAEA). Sarah begins with a discussion of the class action lawsuit Wit, et al. v. United Behavioral Health, overturned by the 9th Circuit on March 22, 2022. Next, they address the impact of this decision on future mental health claims litigation and the Department of Labor's MHPAEA enforcement efforts. The episode closes with MHPAEA compliance reminders for employer plan sponsors.

Join NFP's own Head of Innovation, Mark Rieder, as he discusses what innovation looks like at NFP and how to start your own innovation journey with Naviant's Ema Roloff on their “Digital Transformation Talks” podcast series. Discussion points include: • How to engage a team in innovation • How to support continual education within an organization • Tips on starting the innovation process Take a listen to hear how innovation gets a strong foundation here at NFP.

In this episode, Patrick Myers and Suzanne Spradley review recent litigation and administrative action brought under the Mental Health Parity and Addiction Equity Act (MHPAEA). Suzanne begins the discussion by providing background on the requirements imposed on plans by MHPAEA, with a particular focus on non-quantitative treatment limitations (NQTLs). Suzanne then discusses the report submitted to Congress by the DOL, HHS and the IRS that highlighted several deficiencies they found when examining plan sponsors and insurance providers for MHPAEA compliance. She follows up by discussing a large civil case involving a behavioral health provider. And the episode closes with a discussion on two large settlements between the DOL and administrative service providers as part of the agency's efforts to enforce MHPAEA compliance.

In this episode, Chase Cannon and Suzanne Spradley outline a few explanations on recently-asked benefits compliance questions. First, Chase describes the challenges relating to the requirement to provide a Medicare Part D creditable disclosure to CMS and individuals. Chase and Suzanne then dig into HSA eligibility where an employee has a spouse or dependent who is enrolled in Medicare, including the HSA contribution maximum and distributions from the HSA. The two close with a discussion about tricky scenarios on the COBRA Initial Notice, including the requirement to distribute the notice to newly enrolled spouses.

In this episode, Suzanne Spradley and Chase Cannon discuss the ACA provider nondiscrimination rules — the idea that individuals have the right to access health services from the full range of providers licensed and certified in their state. Suzanne leads off with a background on why Congress felt it necessary to include the provider nondiscrimination rules as part of the ACA. Next, Suzanne and Chase discuss prior state law and litigation in the courts and how the ACA rules attempt to address the related issues. The two go deeper into the rules themselves, the process, and then back and forth between the agencies (DOL, Treasury, etc.) and the Senate on the intent and purpose of the law. Suzanne closes by outlining a recent agency “listening session,” wherein providers and group health plans gave feedback on questions that future guidance should address.

In this episode, Chase Cannon and Suzanne Spradley break down the recent Supreme Court decision relating to the vaccine mandates for large employers and healthcare workers. Chase starts by outlining the large employer vaccine mandate, including the OSHA emergency temporary standard, or ETS rule, that was challenged in the courts. Next, Chase and Suzanne discuss the Supreme Court's decision to halt enforcement of the OSHA ETS — what the ruling means from a legal and practical viewpoint and how state law could come into play. While the decision appears to be the end of the road for the OSHA ETS, Chase closes things out by discussing the CMS healthcare worker vaccine mandate (held valid by the Supreme Court) and the vaccine mandate for government contractors (held up in federal courts).

Join Mark Reider, NFP's own Head of Innovation, as he discusses the future of the ever-changing insurance marketplace with Denise Garth, Chief Strategy Officer at Majesco on their "The Future of Insurance: Industry Leaders" podcast. Discussion points include: • How employers can utilize innovative thinking to boost employee retention • What emerging tools and systems employers can offer to benefit their employees and how these technologies are shaping the future • How we try to look at insurance from the buyer's perspective today and how that will change tomorrow Thanks for coming on this journey with us.

In this episode, Chase Cannon and Suzanne Spradley break down the recent OSHA guidance (emergency temporary standard, or ETS) relating to the employer COVID-19 vaccine and testing mandate. Chase outlines the general requirement for employers with 100 or more employees to ensure employees are vaccinated or tested regularly. Suzanne and Chase discuss legal challenges to the ETS guidance at the federal and state level. The two outline the ETS requirements relating to counting employees, vaccination policies, proof of vaccination status, alternative testing, employee notification and penalties. The two close by discussing some practical planning tips, and the importance of engaging outside counsel to assist with mandate compliance.

In this episode, Suzanne Spradley and Patrick Myers discuss the growing trend of HIPAA breaches, particularly those that involve ransomware attacks and employee errors. Suzanne points out how the pandemic and the increased use of telehealth encouraged a growing reliance on electronic transmission and data. Suzanne and Patrick discuss HIPAA privacy law, recent updates to the law, its notification requirements, and the Health Risk Assessment requirement. Finally, the two close by discussing enforcement actions, penalties, and common violations that result in fines imposed by the federal government.

In this episode, Kim Bell, EVP, Head of Health and Benefits and Dale Sagen, VP and Leader of Group Captive Solutions focus on NFP's newest launch, our Medical Stop Loss Captive, sharing an overview of our captive practice, and the benefits of leveraging this type of program.

The finale of a two part series focused on focused managing environmental risk through insurance products. Hear Jared Dubrowsky, NFP's Environmental Practice VP and expert in environmental due diligence, and Environmental Experts Radio host, Dave Coyne, discuss the history of insurance as an environmental management tool and the industry innovations paving our new path ahead today.

In this episode, Chase Cannon and Patrick Myers provide an update on vaccine mandates and surcharges, including some helpful governmental guidance on HIPAA wellness program rule application to vaccine surcharges. Chase then digs in on some end-of-year and open enrollment considerations for pandemic-related compliance obligations. Chase and Patrick discuss the mandatory and optional plan design changes and what employers should consider communicating to employees during open enrollment. The two close by addressing the temporary telehealth exception relating to HSA eligibility, currently set to expire at the end of the 2021 plan year, and whether we can expect any Congressional extension.

In this episode, Chase Cannon and Suzanne Spradley discuss the history of, and legal challenges to, OSHA's Emergency Temporary Standards (ETS), the format for the Biden administration's recently announced vaccine mandate and COVID-19 testing alternative for employers. Suzanne begins with an overview of the likely legal challenges to the use of the ETS process, the historical use of OSHA's ETS instead of the standard rule-making process and prior court rulings that generally did not support the use of the ETS. Suzanne and Chase review the questions that will likely be raised considering the prior COVID-19-related ETS limited to healthcare workers and evidence that may be used to support a more expansive ETS.

In this episode, Chase Cannon and Suzanne Spradley outline the Biden administration's recently announced vaccine mandate and COVID-19 testing alternative for employers. Chase begins with an overview of the mandate, the testing alternative and which employers are impacted by the requirements. The two spend the rest of the podcast issue spotting for employers — discussing questions that will hopefully be answered in upcoming OSHA guidance. Suzanne and Chase close with a discussion of the vaccine mandate's impact on benefits compliance, including vaccine surcharges and paid time off for vaccines and testing.

In this episode, Chase Cannon and Suzanne Spradley discuss the compliance angle of employer-initiated vaccine mandates and incentives. Chase begins by outlining the ADA and EEOC rules relating to vaccine mandates, while Suzanne jumps in for a discussion on reasonable accommodations for those that have legitimate medical or religious objections to taking the vaccine and the confidentiality and administrative challenges relating to vaccine inquiries. Chase and Suzanne then turn their attention to other alternative strategies, including the pros and cons and compliance challenges relating to plan design exclusions and vaccine incentives. The two close with their thoughts on the huge hurdles surrounding vaccine surcharges or other incentives tied to the group health plan.