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HR Policy Association Comments to EEOC on Proposed Wellness Program Rule: 'EEOC Does Not Have the Statutory Authority'

"Although the proposed rule would restrict the ability of employers to administer gated health care plans, the EEOC does not have the statutory authority under the ADA's insurance safe harbor provision to impose such restrictions ... The EEOC's blanket rejection of a key 11th Circuit decision involving the ADA's 'safe harbor' (Seff v. Broward County) is inappropriate, and the agency should recognize that some wellness plans may fall within that provision."

HR Policy Association Comment Letter to HHS on Notice of Benefit and Payment Parameters for 2015 (PDF)

"While making payments in two installments is welcome, we strongly encourage [HHS] to allow self-insured employers to have the option, at their discretion, to pay the entire reinsurance fee in January of each year should they find it beneficial to do so.... After carefully reviewing the NPRM and consulting with our members, we wish to address four major items of concern: [1] Self-insured self-administered plans should be a contributing entity for the transitional reinsurance program; [2] The definition of third party administrators is unnecessarily complicated; [3] Self-insured group health plans should not be required to pay the costly treasury contribution amount; and [4] Excess collections should not be used to increase coinsurance rates."

American Benefits Council/HR Policy Association Comments on Interim Final Rules on Genetic Information in Health Insurance Coverage and Group Health Plans (PDF)

12 pages. "We are particularly concerned about the significant restrictions the Rules impose on employers' ability to effectively use HRAs and disease and case management programs to improve employee health."

HR Policy Urges Congress to Strengthen ERISA and Preserve Its Preemption Provisions

"HR Policy reiterated the importance of the national framework provided by ERISA during the COVID-19 pandemic. Due to this framework, employers were able to quickly implement crucial health care services, like telehealth, nationally. The comments urged the Committee to 'reject any attempts to weaken the federal restriction on state-by-state regulation of self-insured employers.' "

New Pension Law Makes Changes Aligned with HR Policy Retirement Security Recommendations (PDF)

2 pages. Excerpt: Facilitating Certain Defined Benefit Terminations. The HR Policy membership expressed significant interest in making DB to DC conversions easier. The PPA takes a small step in this direction by making it less expensive to terminate a part of a fully funded defined benefit plan when a company that is part of a controlled group is sold or otherwise divested, if certain requirements are met.

How HR Teams Can Revamp PTO Policies to Meet Employees' Financial Needs

"Financial anxiety among employees has become a major driver of workplace stress and poor performance, which will continue to be the case in 2024. Companies have all the resources they need to address this anxiety, improving employees' well-being and ensuring they're fully engaged at work."

HR Leaders Urge the President and Congress to Consider the Views of the Employer Community in Designing Comprehensive Health Care Reform (PDF)

4 pages. "Statement By Jeffrey C. McGuiness, President and CEO of the HR Policy Association, Representing the Views of Association Members on Reform of the U.S. Health Care System."

New California Laws Affect Health Insurance, Family Leave, Other HR Policies

"The California Department of Managed Health Care (DMHC) has posted a letter summarizing 2019 health insurance laws on balance billing, telehealth, fertility preservation and other coverage issues.... [O]ther new California laws tighten the rules for classifying workers as independent contractors, expand family leave, broaden eligibility for domestic partner registration and impose an individual health coverage mandate."

Flex Time Doesn't Need to Be an HR Policy

"While only 29% [of men surveyed] had regularly scheduled flextime/flexplace arrangements, 66% stated they can use flex when they need to. This 'as needed' flexibility is actually the preferred work schedule of a plurality of the respondents (as opposed to formal work-from-home days or full-time work from home). 73% were happy with the extent to which they were able to work from home. 78% stated that they were at least somewhat comfortable using flexibility. 62% said their employers encourage the use of flexibility to at least some extent."

Large Employer Association Reacts to Senate Finance Health Care Reform Proposal (PDF)

Excerpt: From HR Policy's perspective, the proposal represents a significant improvement over the House and Senate HELP proposals and is a step in the right direction to achieving true reform, but it still falls short of the key consensus objectives identified in the HR Policy Association's Position Regarding the Reform of the U.S. Health Care System and significantly raises the cost of employer-provided health care. Several provisions are consistent with the Association's position, including[.]

ESOP Association Comment Letter to the House Ways and Means Committee's Pensions and Retirement Tax Reform Working Group: ESOP Policy and Regulation (PDF)

"Thirty-five plus years of data by reputable experts in retirement savings is very convincing that ESOPs provide, in the vast majority of instances, assets that are better than other employer sponsored retirement plans.... [D]ata in some instances have the average ESOP account balance at nearly $200,000 per participant compared to the $75,000 range of other defined contribution plans." [Editor's note: includes a detailed summary of ESOP history and supportive tax policy.]

CAHC, NAM, SBEC and U.S. Chamber Join Together to Oppose HR 3

"Together, [these organizations] steadfastly oppose allowing the government to directly negotiate prescription drug rates and permitting other health care markets to pay these same rates. These policies would have tremendous negative consequences. Imposing government price controls on prescription drugs threatens to cut critical medical research dollars essential for innovation and development of new cures."

Ninth Circuit: ERISA Did Not Govern Long-Term Disability Policy Purchased Through Trade Association

"Though Steigleman's employees gained access to group-type disability insurance coverage through her membership in the TAA, and the LLC paid the premiums for the employees' coverage, these facts are not sufficient to show that Steigleman established or maintained an ERISA plan." [Steigleman v. Symetra Life Ins. Co., No. 21-15613 (9th Cir. Mar. 29, 2022; unpub.)]

Text of CMS Temporary Policy on 2020 Premium Credits Associated with the COVID-19 Public Health Emergency (PDF)

"CMS is providing this additional flexibility to allow health insurance issuers in the individual and small group markets to temporarily offer premium credits for 2020 coverage to support continuity of coverage for individuals, families and small employers who may struggle to pay premiums because of illness or loss of incomes or revenue resulting from the COVID-19 public health emergency.... Issuers wishing to provide premium credits for 2020 coverage must, in advance of providing these credits, receive the applicable regulator's permission to provide premium credits as outlined in this bulletin, or CMS's permission in states where CMS is the primary enforcer of the applicable federal requirements.... In their requests to provide these credits, issuers must indicate the fixed percentage by which they intend to provide credits against 2020 premium amounts and the month(s) in 2020 to which the credits would apply."

New Lawsuits Challenge Abortion Policy, Advisory Opinion on Association Health Plan

"On January 30, 2020, seven Democratic attorneys general, led by California, challenged parts of a recent final rule to require separate transactions for abortion coverage.... In a far less straightforward case, two businesses known as Data Marketing Partnership and LP Management Services sued the [DOL] over their status as a single-employer self-insured group health plan under [ERISA]. The lawsuit stems from a request from LP Management Services -- a Georgia-based data-sharing partnership -- for an advisory opinion on its status under ERISA."

Employee Benefit Trade Associations and Advocacy Groups Tailor Policy Agendas to Congressional Lame-Duck Session (PDF)

The linked article summarizes proposals, lobbying efforts and comments by the American Benefits Council, the ERISA Industry Committee (ERIC), the American Society of Pension Professionals & Actuaries (ASPPA), the Pension Rights Center, and others.

13 Important Types of Leave Every HR Leader Should Know

"Employees need more than just vacation days. Clear leave policies signal trust and support when life happens. This blog breaks down the most common types of leave, from bereavement leave to floating holidays, and shows how thoughtful policies strengthen equity, well-being, and retention."

How to Improve Work-Life Balance for Employees: Strategies HR Leaders Can't Afford to Ignore

"Burnout is rising, and HR leaders must act by prioritizing work-life balance as both a compassionate and strategic initiative. This blog explores how to improve work-life balance for employees through flexible policies, mental health support, caregiver benefits, and cultural change -- while highlighting the measurable ROI of doing so. [It includes] actionable steps and real-world examples[.]"

Chief Human Resource Officers on Trends Shaping the Workplace, Outdated Policies Governing It, and the Way Forward (PDF)

86 pages. "[Recommendations] of the most senior HR executives working for America's largest employers on ... what can be done from a policy perspective to make the workplace work [include] ... [1] Increased portability of employee benefits that are not tied to tenure with a single employer.... [2] A tax-preferred system in the mold of a 401(k) that would help employees to save and pay off student loan debt sooner.... [3] Companies already providing generous paid leave benefits should have a federal safe harbor from being hampered by the varying requirements of state and local leave mandates.... [4] Protect the Tax Exemption of employer-sponsored health insurance (ESI).... [5] Federal legislation enabling employees to collect defined benefit plan retirement income earlier while permitting them to continue to work for their employer[.]"

Association Health Plan Bills' Aim Is to Help Small Business Employees Obtain Health Benefits (PDF)

2 pages. Excerpt: Congress, with the backing of President Bush, is considering legislation intended to assist small employers in offering health insurance to their employees through pools referred to as association health plans (AHPs). The Small Business Health Fairness Act of 2005 (H.R. 525), introduced by Rep. Sam Johnson (R-TX), was reported out of the House passed the House on April 13, 2005. A companion measure (S. 406) was introduced in the Senate by Sen. Olympia Snowe (R-ME).