Health & Welfare Plans Newsletter

July 2, 2018

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Senior Defined Contribution Administrator
Dunbar, Bender & Zapf, Inc.
in PA

Relationship Manager, Client Services
Charles Schwab
in OH

Qualified Plan Ops & Compliance Manager
T Bank NA
in TX

Regional Vice President of Sales
The Retirement Plan Company
in GA, NC, SC, TN, VA

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[Guidance Overview]

DOL Final Rule Expands Availability of Association Health Plans (PDF)

"[T]he AHP Final Rule creates 'two tracks' for AHPs, by allowing both new and existing associations to sponsor AHPs under either the current set of DOL sub-regulatory guidance, or the new AHP Final Rule. The most important consequence for federal law purposes is that AHPs that qualify under existing DOL guidance (limited to the same industry and no 'working owners,' i.e., no self=employed persons) may be able to continue to set premium rates employer-by-employer based on the claims experience of each employer."
Groom Law Group

[Advert.]

Employee Health, Benefits, & Well-Being Congress | July 30-31

Sponsored by World Congress

Who is moving the needle on employee health care? This event convenes HR, benefits, and wellness executives, TPAs, Brokers, Payers, and Providers to learn and discuss strategies to enhance employee health and improve outcomes while reducing costs.


[Guidance Overview]

DOL Issues Final Regs on Association Health Plans

"The DOL and the states have dual jurisdiction because of the MEWA rules and the exception to ERISA with regards to state insurance law ... There is tension between the Administration's desire to make access to AHPs as broad as possible and certain states' concerns that this access would lead to abuse."
The Wagner Law Group

[Guidance Overview]

Massachusetts Governor Signs Law Establishing Paid Family and Medical Leave Program

"The state leave program will be funded through a payroll tax of 0.63% ... split between employers and employees.... Employer and employee contributions will begin on July 1, 2019, with benefit payments beginning on January 1, 2021 for personal medical leave and on July 1, 2021 for family leave benefits. Employers may opt out of the state program if they provide benefits that match or exceed those provided by the state plan."
Mintz Levin

[Guidance Overview]

Rhode Island's Paid Sick Leave Law Now in Effect

"Beginning on July 1, 2018, or the commencement of employment if later, employees will accrue a minimum of one hour of leave for every 35 hours worked up to the applicable annual maximum. Accrual for exempt employees will be based on a 40-hour workweek or their normal workweek, if shorter."
Conduent

IRS Publication 5172: Facts About Health Coverage Exemptions (PDF)

Rev. May 2018. "You obtain exemptions from either the Marketplace or IRS depending on the type. All exemptions are reported on the tax return. If you don't have to file a return, because your income is below your filing threshold, you are automatically exempt. Here are the types of exemptions available along with information about how to obtain them[.]"
Internal Revenue Service [IRS]

[Advert.]

Develop a Strong Parental Leave Policy

Sponsored by Lorman and BenefitsLink

July 25 webinar will address the changes taking place in parental leave policies and how to develop a policy which is legally compliant, and which is best suited to help employers recruit and retain employees. Discount for BenefitsLink readers.


Amazon's PillPack Deal Gives It Access to Sensitive Health Data

"Amazon.com Inc. knows more about consumers' online-shopping habits than any other retailer. Now it is about to get its hands on the most intimate of personal data: people's health conditions. Last week's acquisition of online pharmacy startup PillPack will give Amazon insight into people's prescriptions, putting the tech company into the highly regulated realm of health information with more restrictions than it is accustomed to on data-mining."
The Wall Street Journal; subscription may be required

It's (Summer) Time for Wellness Plan Re-Design

"[A chart] illustrates the wellness rule landscape effective January 1, 2019 for employers that are subject to the ADA. Wellness regulations under HIPAA and the ACA will continue to apply, but they do not impose any limit on incentives (or penalties) for biometric testing or HRAs that are 'participation only' i.e., that do not require physical activity, or specific health outcomes."
E is for ERISA

[Opinion]

Federal Subsidies for Employer-Based Coverage Expected to Total $3.7 Trillion Between 2019 and 2028

"It will cost the federal government $685 billion this year to subsidize health insurance for people under 65. Of that, $272 billion will go to those with some form of employer-sponsored coverage.... [CBO] says net subsidies for those covered by employers will total $3.7 trillion over the 2019-2028 period.... For those with employer-based coverage, the subsidies are not direct but come in the form of untaxed benefits.... The CBO estimates that a monthly average of 158 million Americans (about 58% of the population under age [65] have employer-based insurance this year. That's expected to decline to 154 million (or 55% of the population) by 2028."
Managed Care

Benefits in General

Preparation for an Outsourcing Renegotiation

"The first question is whether or not the outsourcing should continue.... All options available in the market should be considered before beginning a renegotiation.... Clients should review the relationship that exists with the service provider to develop an understanding of what is going well and what needs improvement.... It is important to calendar upcoming expiration and potential termination dates to avoid surprises and provide for adequate time to properly prepare."
Morgan Lewis

Press Releases

DOL Reaches Agreement to Restore $5.45 Million to Texas-Based Employee Stock Ownership Plan
Employee Benefits Security Administration [EBSA], U.S. Department of Labor

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David Rhett Baker, J.D., Editor and Publisher
Holly Horton, Business Manager

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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