Health & Welfare Plans Newsletter

June 14, 2016

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Webcasts and Conferences

Case Study - Success with Wellness Goals
June 28, 2016 in TX
(Worldwide Employee Benefits Network [WEB] - Dallas Chapter)

Employment and Benefits Law Update
June 28, 2016 in TN
(Bass, Berry & Sims)

The Do's and Don'ts of Wellness Programs
June 29, 2016 WEBCAST
(Husch Blackwell)

Paid State and Local Leave Laws
July 11, 2016 WEBCAST
(Worldwide Employee Benefits Network [WEB])

New Final Wellness Program Regulations: Compliance Requirements Clarified, Finally!
July 14, 2016 WEBCAST
(ABD Insurance & Financial Services)

Retirement Policy Initiatives in the States: How You Might Be Impacted
August 23, 2016 WEBCAST
(ASPPA [American Society of Pension Professionals & Actuaries])

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[Guidance Overview]

IRS Clarifies That Cash-In-Lieu Is Not an Employer Payment Plan Subject to the ACA's Group Health Plan Mandates
"New IRS guidance addresses a situation where a governmental employer provides additional taxable compensation for employees with other health coverage who forego coverage under the group health plan provided by the government.... IRS [Chief Counsel] Letter 2016-0023 advises that this type of arrangement does not constitute an employer payment plan or a health reimbursement arrangement. Therefore, this design does not result in a plan that is subject to the group market reforms." (Liebert Cassidy Whitmore)  


[Advert.]

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[Guidance Overview]

EEOC Issues Final ADA Regulations on Wellness Plans
"The provisions of the regulations requiring a notice and establishing incentive limits apply prospectively to wellness programs on the first day of the first plan year beginning on or after January 1, 2017. The other provisions are regarded by the EEOC as clarifications of existing requirements that already apply to wellness programs. The final regulations breathe new life into cases challenging these regulations in several federal appeals courts, casting a shadow on the already difficult path to compliance." (Poyner Spruill LLP)  

[Guidance Overview]

ACA Information Returns (AIR) Working Group Meeting, June 14, 2016 (PDF)
55 presentation slides. Topics: [1] General AIR information; [2] AIR successful transmission tips; [3] IRS support -- AIR mailbox and help desk; [4] Common portal issues and resolutions; [5] Corrections; [6] Non-technical questions; and [7] Technical questions from May webinar. (Internal Revenue Service [IRS])  

Out-of-Network Still in Business
"[A] ruling by Judge Hoyt of the U.S. District Court for the Southern District of Texas suggests that health plans should be careful in refusing payment based on perceived [out-of-network (OON)] high charges, questions about OON co-insurance collection, or provider financial arrangements.... Judge Hoyt determined that CIGNA did not live up to its ERISA obligations when CIGNA interpreted plan language to allow it to avoid payment when [Humble Surgical Hospital] waived or discounted co-insurance amounts -- an interpretation that Judge Hoyt did not think would have been apparent to a plan beneficiary." [Connecticut General Life Ins. Co. v. Humble Surgical Hospital, No. 4:13-cv-3291 (S.D. Tex. June 1, 2016)] (Husch Blackwell)  

Insurance Financing Increased for Mental Health Conditions But Not for Substance Use Disorders, 1986-2014
"The share of total mental health treatment expenditures financed by private insurance, Medicare, and Medicaid increased from 44 percent in 1986 to 68 percent in 2014. In contrast, the share of spending for substance use disorder treatment financed by private insurance, Medicare, and Medicaid was 45 percent in 1986 and 46 percent in 2014." (Health Affairs)  

Maryland Health CO-OP Sues Over 'Flawed' Obamacare Requirement
"Evergreen is required to make the payment under CMS's 'risk adjustment' program ... But the current method for calculating risk does not provide an accurate picture of an enrollee's health status, partly because many customers sign up for plans late in the year and don't visit a doctor before the determination period ends. CMS counts those individuals as low-risk, even if they are not." (The Washington Post; subscription may be required)  

[Opinion]

High Cost Sharing for Low-Value Services May Increase Overall Health Care Spending
"[T]he authors of this study find that 'increased cost-sharing may lead to modest increases in overall healthcare spending,' even though it may reduce utilization of some, but not all, targeted services.... [Value-based insurance design (VBID)] may not be a very effective tool for reducing overall health care spending.... If penalties were to be assigned for using low-value care, wouldn't it be more appropriate to apply them to the health care provider who would profit by selling more health care services with very limited value?" (Physicians for a National Health Program [PNHP])  

Benefits in General

[Official Guidance]

Text of IRS Disaster Relief Notice HOU-2016-08: Tax Relief for Victims of Severe Storms and Flooding in Texas
"Individuals who reside or have a business in Austin, Brazoria, Brazos, Fort Bend, Grimes, Hidalgo, Hood, Montgomery, San Jacinto, Travis, Waller and Washington Counties may qualify for tax relief.... [C]ertain deadlines falling on or after May 26, and on or before October 17, 2016 have been postponed to October 17, 2016." (Internal Revenue Service [IRS])  

Employee Benefits Cost Employers $10.70 Per Hour in March 2016
"Employers paid an average of $33.94 per hour for employee compensation for civilian workers in March 2016. $23.25 (68.5 percent) of total compensation was paid for employees' wages and salaries while $10.70 (31.5 percent) went toward benefits. Over the year, costs for wages and salaries increased $0.37 and costs for benefits rose $0.09." (U.S. Bureau of Labor Statistics [BLS])  

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BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2016 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of that content. You may not alter or remove any trademark, copyright or other notice from copies of the content.

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