Health & Welfare Plans Newsletter

March 28, 2018

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Regional Client Services Manager
Ameritas
in CA, IL

Plan Administrator
Thomas F. Barrett Inc.
in MD

ERISA Consultant
ftwilliam.com - Wolters Kluwer Legal & Regulatory
in WI, Telecommute

Manager, Client Services
Independent Investment Research & Advisory Firm
in NC

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[Guidance Overview]

Are You on the Watch for IRS Letter 226-J?
"[T]hese letters have a short 30-day response time ... [R]eview Part 1 of your 2015 Form 1095-C and, in particular, Item 7 (which has the name of the person to contact). Be sure this person is still in your employ (at the address in the previous item numbers) and is ready to receive and act on any Letter 226-J.... [S]ome vendors put their own employees into Item 7 (which may result in a misdirected Letter 226-J).... [C]onsider submitting a corrected Form 1095-C with the appropriate person and/or address."
Morgan Lewis

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Is HIPAA a Sleeping Giant?
"So far, 2018 has been a light year in terms of HIPAA enforcement. There have been only two publicly-disclosed settlements.... Theories include that the priorities of the current administration are driving less enforcement, that the OCR is focusing its efforts on the current round of audits, and that the OCR is simply holding back on some settlements so that it can ensure a consistent approach to multiple settlements that it will announce in the near future. No matter the answer, it is not safe to assume that things will remain quiet on the HIPAA front."
McGuireWoods, LLP

Exploring Retiree Health Care Options
"Over the last decade, plan sponsors of traditional retiree group health coverage have increasingly turned to private Medicare Marketplaces and Employer Group Waiver Plans (EGWP) to find better value for their Medicare-eligible retirees. While the retiree experience in EGWPs more closely resembles that of traditional retiree coverage, private Medicare Marketplaces can offer greater value for both plan sponsors and retirees. Plan sponsors who offer traditional retiree group coverage should consider these alternatives as they seek efficient ways to honor their benefit obligations to Medicare-eligible retirees."
Willis Towers Watson

Austin Enacts First Paid Sick and Safe Leave Law in Texas
"Employees will earn one hour of PSSL for every 30 hours worked, up to 64 hours a year. Employers that already offer paid time off policies that meet the law's accrual, purpose and usage requirements need not provide additional sick time. Momentum is building in the state legislature to overturn the law."
Willis Towers Watson

Reduced Cost Variability May Be an Unrecognized But Valuable Outcome of Care Management Interventions
"[S]tudies of [care management] programs have typically focused on average per-patient costs as an outcome, but have not considered the program's potential impact on cost variability across the patient population. As we detail below, a decreased variability implies greater predictability in utilization and costs in health systems. And greater predictability can translate into a decreased need to invest for outlier events (e.g. with stop-loss coverage or surge capacity)[.]"
Health Affairs

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One in Five Counties See Decrease in Uninsured Rate
"Over one-third of U.S. counties had an uninsured rate of 10 percent or less in 2016 ... For the population under age 65, the uninsured rate decreased in 20 percent of counties (629 counties) from 2015 to 2016."
U.S. Census Bureau

ACA Premium Spike Feared After Stabilization Effort Fails in Congress
"Congress failed to tamp down Obamacare premiums in last week's spending bill, shifting the burden onto states, where governors and legislatures are facing growing pressure -- but few good options -- to bring down rates before companies finalize their 2019 prices.... [S]tates are ... seeking federal permission for 'reinsurance' programs that subsidize pricey customers or waiting for final instructions from the Trump administration on short-term plans that don't fully comply with Obamacare's strict coverage requirements."
InsuranceNewsNet.com

Thousands Mistakenly Enrolled During California's Medicaid Expansion, Feds Find
"HHS' inspector general estimated that California spent $738.2 million on 366,078 expansion beneficiaries who were ineligible. It spent an additional $416.5 million for 79,055 expansion enrollees who were 'potentially' ineligible, auditors found. Auditors said nearly 90 percent of the $1.15 billion in questionable payments involved federal money, while the rest came from the state's Medicaid program[.]"
Kaiser Health News

Aetna Will Pass Along Discounts as Drug Price Scrutiny Increases
"Aetna Inc. will pass on the discounts it negotiates on prescription drugs to about 3 million of its members ... The discounts, which can amount to more than half a drug's list price, will be passed on at the pharmacy counter for many people starting next year ... The move by the No. 3 U.S. health insurer follows a similar decision earlier this month by its larger peer, UnitedHealth Group Inc."
Bloomberg

[Opinion]

The Real Problem Behind High-Priced Drugs Starts at the Beginning
"The original list price of a drug drives the entire pricing process, and that price is determined and controlled 100 percent by the drug company.... [W]hen competition increases because new generic drugs are approved, drug prices tend to go ... down.... Big Pharma is the only stakeholder group to oppose enacting bipartisan legislation -- the CREATES Act -- that would ... limit access to adequate samples of branded products so generic companies cannot do the testing required to bring new lower-priced generics to market."
America's Health Insurance Plans [AHIP]

Benefits in General

Was Your Employee Benefit Plan Selected for Examination? Don't Panic!
"With enough preparation, even your worst expectations shouldn't be so bad. A significant element of being prepared is self-auditing. Regularly. Focus particularly on the most common compliance issues.... Both the IRS and the DOL publish self-audit tools.... Both the IRS and DOL publish examination guides.... Some examinations will involve on-site visits and others will not."
Jackson Lewis P.C.

Executive Compensation
and Nonqualified Plans

Five Primary Components of an Effective Long Term Incentive Plan
"[1] Determine business drivers that trigger awards.... [2] Determine what level of executive should be eligible to participate.... [3] Determine share rates.... [4] Allocation of award among eligible group.... [5] Award distribution."
Fulcrum Partners LLC

Big Question Under CEO Pay Ratio Rule: Who Is Your Median Employee?
"Who is the worker at the midpoint of the employee population in terms of compensation? Rules and guidance from the [SEC] allow some flexibility with this determination. As a result, companies aren't just answering one big question when identifying that special median somebody, but instead addressing a number of smaller questions along the way."
Bloomberg BNA

Common U.S. Securities Problems with Canadian Stock-Based Compensation Plans
"For companies that are cross-listed and file reports with the [SEC], the intention is typically to register the underlying securities by filing a Form S-8 with the SEC. For companies that do not file SEC reports -- whether publicly traded in Canada or privately held -- the intention is typically to rely on the exemption provided by Rule 701 under the Securities Act of 1933 and exemptions under the securities laws of the states in which awards will be granted."
Dorsey

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David Rhett Baker, J.D., Editor and Publisher
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BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2018 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 those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.

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