Health & Welfare Plans Newsletter

September 3, 2015

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Retire Plan Svc Specialist 4
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Webcasts and Conferences

Are You Looking at Retirement Income Alternatives? The DOL and IRS Are!
September 30, 2015 WEBCAST
(ASPPA [American Society of Pension Professionals & Actuaries])

Drafting and Managing a Fair and Compliant Tuition Assistance Program
October 27, 2015 WEBCAST
(Lorman Education Services)

Developing an Effective Financial Wellness Program
November 9, 2015 WEBCAST
(Lorman Education Services)

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[Official Guidance]

Text of HHS Proposed Regs: Nondiscrimination in Health Programs and Activities (PDF)
198 pages. "The proposed rule both clarifies and codifies existing nondiscrimination requirements, and also sets forth new standards to implement Section 1557, particularly with respect to the prohibition of discrimination on the basis of sex in health programs other than those provided by educational institutions and the prohibition of various forms of discrimination in health programs administered by the Department and entities established under Title I of the ACA.... OCR proposes ... to apply the rule [with certain exceptions] to: [1] all health programs and activities, any part of which receives Federal financial assistance administered by HHS; [2] health programs and activities administered by [HHS], including the Federally-facilitated Marketplaces; and [3] health programs and activities administered by entities established under Title I of the ACA, including the State-based Marketplaces....

An issuer [that] participates in the Marketplace and thereby receives Federal financial assistance, and that also offers plans outside the Marketplace, will be covered by the proposed regulation for all of its health plans, as well as when it acts as a third party administrator for an employer-sponsored group health plan.... [W]here an employer is principally engaged in providing or administering health services or health coverage and receives Federal financial assistance, the employer will be subject to Section 1557 in its provision or administration of employee health benefit programs to its employees. Thus, if a hospital provides health benefits to its employees, it will be covered by Section 1557 not only for the services it offers to its patients or other beneficiaries but also for the health benefits it provides to its employees....

In summary, unless the primary purpose of the Federal financial assistance is to fund employee health benefits, we propose to not apply Section 1557 to an employer's provision of employee health benefits where the provision of those benefits is the only health program or activity operated by the employer." (U.S. Department of Health and Human Services [HHS])  


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[Official Guidance]

Text of CMS Notice: Adjustment of Risk Adjustment Transfers Due to Submission of Incorrect Data (PDF)
Sept. 2, 2015. "This guidance sets forth CMS's process for addressing instances of materially incorrect EDGE server data submissions for the 2014 benefit year calculations. We intend to propose and seek comment on this and other operational processes in the proposed HHS Notice of Benefit and Payment Parameters for 2017." (Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS])  

[Guidance Overview]

HHS Summary of Proposed Regs: Advancing Health Equity Through the ACA
"Today's proposed rule applies to Health Insurance Marketplaces, any health program that HHS itself administers, and any health program or activity, any part of which receives funding from HHS, such as hospitals that accept Medicare patients or doctors who treat Medicaid patients. Finally, the proposed rule extends these nondiscrimination protections to individuals enrolled in plans offered by issuers participating in the Health Insurance Marketplaces and explicitly bars any marketing practices or benefit designs that discriminate on the basis of race, color, national origin, sex, age, or disability. All the plans of insurers participating in the Marketplace are covered by the proposed rule....

The proposed rule includes a number of new protections. Among them: [1] Women must be treated equally with men in the health care they receive.... [2] Individuals may not be subject to discrimination based on gender identity.... [3] The rule bolsters language assistance for people with limited English proficiency ... [4] For individuals with disabilities, the rule contains requirements for the provision of auxiliary aids and services, including alternative formats and sign language interpreters, and the accessibility of programs offered through electronic and information technology." (U.S. Department of Health and Human Services [HHS])  

[Guidance Overview]

Risk Adjustment Reports Job Aid (PDF)
32 pages. "The tables in this document provide examples of Risk Adjustment Reports... [CMS] provided these examples to give issuers a preview of the generated reports. The reports outlined in this document include: [1] RA Claims Selection Detail Report (RACSD); [2] RA Claims Selection Summary Report (RACSS); [3] RA Risk Score Detail Report (RARSD); [4] RA Risk Score Summary Report (RARSS); [5] RA Transfer Elements Extract Report (RATEE); [6] RADV Population Summary Report (RADVPS); and [7] RA User Fee Report (RAUF)." (Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS])  

[Guidance Overview]

IRS Issues Draft Instructions for 2015 ACA Reporting Forms (PDF)
"Employees who were not full-time for at least a month in the reporting year, and not enrolled in coverage, receive neither a Form 1095-C or 1095-B even if offered coverage that they declined. That's curious, because some offers of coverage disqualify them from eligibility for subsidized coverage in a public health insurance exchange, something the IRS should want to know." (Lockton)  

Comparison of California State and Local Paid Sick Leave Laws (PDF)
7-page chart; covered localities are San Francisco, Oakland and Emeryville. "Employers subject to local PSL ordinances must comply with both the local and state laws. Where the laws conflict, the provision that is more generous to employees will apply." (Fox Rothschild LLP)  

Ford Motor Company Exec Says Health Care Co-Op Possible in Union Negotiations
"Ford Motor Co. Executive Chairman Bill Ford said the company is considering a health-care co-op, an issue the United Auto Workers union has raised in negotiations on a new contract.... The UAW has turned its attention to a health-care pool based on the success of a $61 billion fund started in 2010 that provides medical coverage for more than 750,000 retired auto workers. The UAW Retiree Medical Benefits Trust has cut drug costs, added preventive care and restored benefits such as dental and vision while also increasing assets." (Bloomberg)  

Text of Amicus Brief Urging Supreme Court to Consider of Patient Privacy in Addressing ERISA Preemption of Vermont Healthcare Database Reporting Mandate (PDF)
20 pages. "By construing [ERISA] in a manner consistent with patient privacy, the ruling below comports with teachings of this Court in favor of a full privilege of confidentiality in some medical records and a right of privacy in others. ERISA should be interpreted in a manner that safeguards patient privacy, and the decision below was correct in doing that.... [T]here is no Circuit split, and no disagreement with a ruling by this Court arising from the Second Circuit decision, and it should remain in effect based on a dismissal of the writ." [Gobeille v. Liberty Mutual Ins. Co. (2d Cir. Feb. 4, 2014, cert. pet. granted June 29, 2015)] (Association of American Physicians and Surgeons, Inc., and The Vermonters for Health Care Freedom)  

Text of Amicus Brief by Prof. Zelinsky Urging Supreme Court to Clarify ERISA Preemption as to Vermont Healthcare Database Reporting Mandate (PDF)
13 pages. "This case is an opportunity for the Court to correct the three fundamental problems of current preemption jurisprudence under [ERISA] ... The Court should acknowledge the tension between [Shaw v. Delta Air Lines] and [N.Y. State Conf. of Blue Shield v. Travelers], should resolve that tension by declaring that ERISA Section 514(a) establishes a presumption for preemption, and should read ERISA Sections 514(b)(2) and 514(b)(4) as they were written to identify the only areas of state law protected from that presumption. This framework should then be used to determine whether ERISA preempts [the Vermont reporting mandate]." [Gobeille v. Liberty Mutual Ins. Co. (2d Cir. Feb. 4, 2014, cert. pet. granted June 29, 2015)] (Prof. Edward A. Zelinsky, Benjamin N. Cardozo School of Law, Yeshiva University)  

[Opinion]

Two Essential Tools for Repairing the Obamacare Damage
"For now, Americans are experiencing the law's natural consequences: rising health-insurance premiums and limitations on individuals' choice of physicians and hospitals. Further consolidation in the insurance industry and among providers will likely drive health-care costs even higher. To reverse these trends, any replacement for ObamaCare should include two essential elements: high-deductible insurance coverage and health-savings accounts." (Scott W. Atlas and John F. Cogan in The Wall Street Journal; subscription may be required)  

Press Releases

DOL Files Suit to Recover Losses to Employee Stock Ownership Plan of a Masonry Company in Lynchburg, Virginia
Employee Benefits Security Administration [EBSA], U.S. Department of Labor

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