Health & Welfare Plans Newsletter

August 8, 2016

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Webcasts and Conferences

How to Win Friends and Influence Advisors
August 24, 2016 WEBCAST
TPA Resources, LLC

2016 Retirement Plan Regulatory Update
August 30, 2016 WEBCAST
Multnomah Group

ASC 715 for Pensions: What Your Clients and Their Auditors Need to Know
September 27, 2016 WEBCAST
ASPPA College of Pension Actuaries [ACOPA]

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[Official Guidance]

Text of CMS Guidance: Reporting Cost-Sharing Reduction Amounts for 2015 MLR and Risk Corridors (PDF)
Unnumbered document, dated Aug. 5, 2016. "We are ... no longer requiring an issuer that reported a certified estimate of CSRs for the 2014 benefit year that was lower than the actual amount of CSRs provided in the 2014 benefit year ... and that is subject to the adjustment to 2015 risk corridors payments and charges, to adjust the 2015 CSR amount reported in its 2015 MLR and risk corridors forms to account for the adjustment amount. Instead, issuers that are subject to the direct adjustment to 2015 benefit year risk corridors payments and charges are permitted to report the reconciled amount of CSRs provided for the 2015 benefit year ... without any adjustments to account for 2014 CSR amounts previously reported. We believe that this modification of the reporting instructions ... is necessary in order to prevent risk corridors amounts for these issuers from being reduced twice to account for the difference between the 2014 certified CSR estimate and the actual amount of CSRs provided for 2014, which could lead to unfair or misleading financial reporting."
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]

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[Guidance Overview]

Proposed ACA Reporting Regs Clarify Employer TIN Responsibilities and Create New Important Questions
"Given the uncertainty created by footnote 2 and the statement in the Form 1094-C/1095-C instructions, ... the formal solicitation [is] the best practice if an informal inquiry does not solve the TIN issue. Additionally, ... filing a corrected return [is] the safest practice. It is important to note that correcting errors is a requirement to use the good faith efforts standard to file accurate and complete information returns in 2015. Therefore, an employer must at least make some sort of effort to figure out what is causing the AIRTN500 error message."
Accord Systems, LLC

[Guidance Overview]

Chicago Passes New Sick Leave Law
"The ordinance, which takes effect July 1, 2017, applies to employers of all sizes and provides that eligible employees earn one hour of sick time for every 40 hours worked.... Employers that maintain a business facility in the City of Chicago must post a notice that advises eligible employees of their right to paid sick leave under the new ordinance, in a conspicuous place, at each facility where eligible employees work.... The City Commissioner is expected to provide the appropriate posting and notification materials prior to the effective date[.]"
Bryan Cave LLP

New York Approves Largest Insurance Rate Increase Since Start of Obamacare
"The Cuomo administration on [Aug. 5] announced that health insurance rates on the individual market would increase by a weighted average of 16.6 percent, the largest individual market hike since the [ACA] began in 2014. The new rates take effect in January; open enrollment on the state's exchange begins Nov. 1. Rates in the small group market will increase by a weighted average of 8.3 percent."
Politico

Regulation of Health Plan Provider Networks
"Surveys show that many consumers are open to trading network breadth for a lower premium. They also suggest that, in practice, large numbers of consumers do not find network designs to be transparent. If the features of a plan's network are inadequately explained or its list of participating providers is inaccurate, it might be impossible for consumers to make an informed decision about whether the plan's combination of network and price is right for them."
Robert Wood Johnson Foundation

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The Evolving Group Retiree Pharmacy Benefits Landscape
"Financial dynamics and an evolving regulatory environment continue to influence the value of [Employer Group Waiver Plans (EGWPs)] and Retiree Drug Subsidy (RDS) plans in the group retiree pharmacy benefits market. Plan sponsors should periodically evaluate the effect of emerging trends on RDS and EGWP programs to optimize the plan value as the market continues to evolve."
Milliman

Efforts Proceed Slowly to Expand the Mental Health Coverage Gains Made in ACA
"The ACA neither was designed nor expected to solve every problem in the nation's strained mental health system. The shortage of providers -- or more specifically the shortage of providers willing to accept the relatively low fees many insurers and government health care plans pay -- is a persistent obstacle. But it did create a starting point."
Association of Health Care Journalists

Aetna Judge Hands Off Anthem Merger Case to Speed Trials
"U.S. District Judge John Bates ... [said] he would keep the case against Aetna Inc.'s deal for Humana Inc., leaving the challenge to Anthem Inc.'s takeover of Cigna Corp. to another judge. Bates kept the Aetna case because it's on a tighter deadline with its merger agreement expiring at the end of the year. 'Given the complexity and importance of these cases, the court cannot feasibly try and decide both in that time frame,' the judge wrote ... 'Ultimately, it will be fairer to the parties and better for the public if one of the cases is randomly reassigned to another judge in this district, who can give it prompt and full attention while this judge does the same with the other.' "
Bloomberg

A New Important Benefit Consideration: Student Loan Repayment
"For an employer considering a student loan repayment benefit option, they will need to remember that this is considered taxable income to the employee, unlike the familiar tuition reimbursement, which provides employers a deduction up to $5,250 paid on behalf of the employee. If including employer distribution into a 401(k) plan, employers will also need to remember to amend the plan."
The Institute for HealthCare Consumerism [IHCC]

[Opinion]

ERIC Comment Letter to IRS on Proposed Regs for Expatriate Health Plans and Other Issues (PDF)
"Flexibility is needed to ensure expat plans can continue to be a viable option for employees.... Indemnity and disease-specific benefits improve the lives of employees, and flexibility must be maintained.... Short-term, limited duration plans serve an important niche, and the Departments must take a balanced approach in regulating them.... Effective date should be delayed as planning is already underway for the 2017 plan year."
The ERISA Industry Committee [ERIC]

[Opinion]

A Sound Starting Block: Why Paid Leave Is a Winning Policy
"Twenty-three years ago [on August 5] the Family and Medical Leave Act went into effect ... Since 1993, the U.S. has only fallen further behind nearly every other nation when it comes to paid maternity leave, and we rank dead last among developed nations when it comes to providing some form of paid leave.... A universal paid family and medical leave program would have countless benefits for our society and economy, and the costs of inaction are steep."
U.S. Department of Labor [DOL] Blog

Press Releases

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Findley Davies, Inc.

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