Health & Welfare Plans Newsletter

February 28, 2019

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Jobs

Plan Account Manager II
BCG, Inc
in Cherry Hill NJ

Director, Plan Administration
Duncan Financial Group, LLC
in Irwin PA

Retirement Plan Document Specialist
Ascensus
in Encino CA / Telecommute

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Webcasts, Conferences

Understanding Tax Changes for Fringe Benefits and Other Expenses
RECORDED
Moss Adams

Common Benefit Plan Compliance Issues: Learn to Recognize the Audit Triggers and How to Avoid Them (for private-sector plans)
March 6, 2019 WEBCAST
Sibson Consulting

Common Benefit Plan Compliance Issues: Learn to Recognize the Audit Triggers and How to Avoid Them (for multiemployer and public sector plans)
March 6, 2019 WEBCAST
Segal Consulting

Devil is in the Details! Understanding Requirements for Section 125 Cafeteria Plans
March 26, 2019 in TX
Worldwide Employee Benefits Network [WEB] - Dallas Chapter

ERIC 2019 Spring Policy Conference
April 3, 2019 in DC
ERIC [ERISA Industry Committee]

Health Benefits Laws Compliance Assistance Seminar
April 3, 2019 in NC
Employee Benefits Security Administration [EBSA], U.S. Department of Labor

Health & Welfare Plans Legislative Update
May 21, 2019 WEBCAST
TRI-AD

►See 166 Upcoming Webcasts and Conferences

►See 1490 Recorded Webcasts


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[Guidance Overview]

More Family Time and Money: New Jersey Expands Its Family Leave Entitlements

"Effective June 30, 2019, the NJFLA will apply to all employers that employ at least 30 employees during each 'working day' in the '20 or more calendar workweeks in the then current or immediately preceding calendar year.' This change substantially increases the number of covered employers.... AB 3975 doubles from 6 to 12 the number of weeks for which benefits are available in any 12-month period for the covered leaves ... that commence on or after July 1, 2020."
Littler

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March 1 Deadline Approaching to Submit Data Breach Reports

"Breaches discovered by a covered entity in 2018 and involving fewer than 500 individuals must be submitted via OCR's website portal by March 1, 2019.... A separate report must be submitted for each breach that occurred during the 2018 calendar year. A copy of the completed form should be printed prior to and after submission and maintained in the covered entity's records to document the notification."
McDonald Hopkins

Editor's Pick Navigating Telehealth Benefits Compliance Issues

"[If] telehealth benefits are available to employees not enrolled in the medical plan, the employer will have to ensure that the benefit is either: [1] reflected in the Form 5500 and the plan document ... or [2] that a separate 5500 filing is made and a separate plan document is maintained ... [and] separate COBRA administration will be required.... Because the obligation to comply with MHPAEA falls on group health plans, employers should not assume that a vendor's standard offering includes MH/SUD services ... [D]iffering -- and evolving -- state laws also affect these benefits."
Buck

What Are the Notice Requirements for a Health Plan That Requires Primary Care Provider Referrals?

"The required notice must be provided to each plan participant describing the plan's primary care physician requirement and the rights explained in the preceding paragraph. It must be provided whenever a summary plan description (SPD) or other similar description of plan benefits is provided to a participant."
Thomson Reuters / EBIA

'Medicare-For-All' Bill Introduced in the House -- Why Does It Matter?

"[T]he transition to the new Medicare-for-all system would take place over two years ... This House vision of Medicare-for-all would also cover long-term care.... The House bill also would take a swipe at high prices for prescription drugs by empowering the government to negotiate prices directly with manufacturers and to take away and reissue drug patents if such efforts faltered."
Kaiser Health News

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Mapping Out a Blueprint for the Health Plan of the Future

"While more than 50% of employers plan to make changes in how health care is delivered to employees within the next two years, only about 30% say they will tailor health plan solutions by local market ... This number needs to double or triple.... A number of emerging health care delivery solutions are based on a smaller, high-performing network of providers coordinating care more effectively within a local market."
Willis Towers Watson

Court Dismisses Most Claims for Damages Arising From Large Data Breach

"Even when liability for a breach is clear, individuals may face an uphill battle to obtain a recovery. Most courts have held that HIPAA does not establish a private right of action for damages. In addition, many courts are skeptical of claims for damages unless individuals can show that their personal information was actually misused with adverse financial consequences." [Attias v. CareFirst, Inc., No. 15-882 (D. D.C. Jan. 20, 2019)]
Thomson Reuters / EBIA

[Opinion]

Facts About Association Health Plans

"Association Health Plans (AHPs) [1] are not cheaper than individual or small group plans.... [2] are NOT always safe to join.... [3] DO NOT always provide comprehensive coverage.... [4] WILL have an impact on the individual or small group market in a state."
Families USA

[Opinion]

Health Care Spending Is More Than Just the Parts You See

"To really understand how Medicare for All or any other big change in health care financing would affect them, people need to understand how they would impact their overall family health budgets. Few people think about the other health costs they pay: their taxes to support health care, or what their employers are paying towards premiums (which is depressing their wages)."
Drew Altman, via Axios

Benefits in General

[Official Guidance]

Text of IRS Publication 598: Tax on Unrelated Business Income of Exempt Organizations (PDF)

23 pages; Feb. 26, 2019. "This publication covers the rules for the tax on unrelated business income of exempt organiizations. It explains: [1] Which organizations are subject to the tax; [2] What the requirements are for filing a tax return; [3] What an unrelated trade or business is; and [4] How to figure unrelated business taxable income."
Internal Revenue Service [IRS]

Comprehensive Guide to Creating a Long-Term Benefits Strategy

"[R]evisit and adapt areas of your program as the workforce continues to change based on economic, personal and geographical needs.... Having a financial plan for your benefits package can be a great starting point ... [E]mployers need to monitor the effects of their benefit offerings to determine if the benefits package aligns with the cost expectations for both the employee and employer.... Never underestimate the power of evaluating different funding mechanisms."
OneDigital Health and Benefits

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Lois Baker, J.D., President  loisbaker@benefitslink.com
David Rhett Baker, J.D., Editor and Publisher  davebaker@benefitslink.com
Holly Horton, Business Manager  hollyhorton@benefitslink.com

BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2019 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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