Health & Welfare Plans Newsletter

December 17, 2018

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[Official Guidance]

Reminders to Qualified Health Plan Issuers: CMS QHP Requirements for Personally Identifiable Information Breach and Security Incident Reporting (PDF)

Unnumbered document; Dec. 14, 2018. "What happens if a QHPI fails to report a suspected or confirmed Incident or Breach involving PII? ... What happens if a QHPI fails to report a suspected or confirmed Incident or Breach involving PII?"
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]

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[Guidance Overview]

Michigan Governor Signs New Paid Medical Leave Law

"The newly enacted 'Paid Medical Leave Act' replaces and significantly alters the 'Earned Sick Time Act' passed in September.... It applies to businesses with 50 or more employees; Covered 'Employers' must provide eligible employees: at least one hour of paid medical leave for every 35 hours worked ... [and] at least 40 hours of paid medical leave per benefit year[.]"
Miller Johnson

Texas District Court Rules Individual Mandate is Unconstitutional; White House States the Affordable Care Act Remains the Law of the Land

"[T]he District Court ruled that the Individual Mandate was inseverable from the rest of the ACA so the District Court struck down the entire ACA. Subsequently, and most importantly for purposes of employer actions moving forward, the White House has stated that the ACA will remain the law of the land while the District Court decision is reviewed by the United States Court of Appeals for the Fifth Circuit and, then most likely, the Supreme Court of the United States.... [T]he District Court in Texas decided not to grant injunctive relief ... [which] could have invalidated the entire ACA in all 50 States immediately[.]" [Texas v. U.S., No. 18-167 (N.D. Tex. Dec. 14, 2018)]
Accord

Federal Judge Strikes Down Entire ACA; Law Remains In Effect

"Judge O'Connor concludes that, since Congress has eliminated the fine for not complying with the individual mandate, the mandate is no longer permissible under Congress's taxing power and is thus unconstitutional. Because the individual mandate is 'essential' to and inseverable from the ACA, the judge declares, the entire law is invalid. Judge O'Connor ... does not enjoin the ACA. This means that the law's provisions remain in effect in all 50 states and DC." [Texas v. U.S., No. 18-167 (N.D. Tex. Dec. 14, 2018)]
Katie Keith, in Health Affairs

Appellate Court Holds Austin, Texas Paid Sick and Safe Leave Law Violates Texas Constitution (PDF)

"Earlier this year, Austin became the first city in Texas to pass an ordinance requiring private employers to provide paid sick leave. On November 16, the Texas Court of Appeals for the Third District ruled that the ordinance violates the Texas Constitution.... One of the first bills filed for the 86th Texas Legislature that begins on January 8, 2019 ... would bar the local regulation of sick leave effective September 1, 2019, and would apply to any municipal ordinance, rule or regulation adopted before, on or after that date."
Buck

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Telehealth Is Reaching More Patients Than Ever, But It's Hindered by Parity Laws

"11 states have yet to pass telehealth parity laws.... [T]raction over the last year has occurred among groups other than doctors who want to serve patients virtually, such as nurses and social workers.... Payers, including Medicare, are hesitant to expand telehealth coverage too quickly -- lest utilization of telehealth services spike, sending costs through the roof[.]"
FierceHealthcare

Editor's Pick Digital Tools and Solutions for Diabetes (PDF)

18 pages. "The market for digital diabetes prevention and management solutions has continued to mature ... As employers refine the mix of programs and benefit strategies they offer their employees, NEBGH has developed this updated guide to reflect changes in the market and profile a current set of digital solutions available to employers in their efforts to help employees prevent and manage diabetes."
Northeast Business Group on Health [NEBGH]

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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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