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[Guidance Overview]
Common FMLA Mistakes: Not Understanding All of the Reasons for FMLA Due to a Qualifying Exigency
"FMLA leave for a qualifying exigency has many facets. Eligible employees may take FMLA leave for a qualifying exigency while the employee's spouse, son, daughter, or parent is on covered active duty or call to covered active duty status, or has been notified of such ... The FMLA regulations provide several examples of what constitutes a qualifying exigency[.]"
Jackson Lewis P.C.
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[Advert.]
Legal Analytics help ERISA Litigators Win
Join our complimentary webcast on May 30, unveiling the first ERISA Litigation Report with valuable trends and insights such as ERISA case timing, resolutions, damages, remedies, and findings.
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How Much U.S. Households with Employer Insurance Spend on Premiums and Out-of-Pocket Costs: A State-By-State Look
"The median, or midpoint, of annual household spending on employer insurance premium contributions ranged from $500 (Hawaii) to $3,400 (South Dakota) in 2016-2017. In 11 states, households in the top 10 percent of spending on premium contributions paid $9,000 or more.... Median annual out-of-pocket spending on medical care ranged from $360 (Hawaii) to $1,500 (Nebraska). In four states, households in the top 10 percent of out-of-pocket expenses spent $7,000 or more on these items.... The median amount spent on both premiums and out-of-pocket costs ranged from $1,500 (Hawaii) to $5,540 (South Dakota)."
The Commonwealth Fund
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Can Your Company Auto-Enroll Its Employees Into an HSA?
"Auto enrolling your employees in an HSA plan is not as straightforward as a 401(k), due to the healthcare eligibility requirements.... Some HSA providers benefit from state law that provides that an HSA is automatically established on the first day of coverage under an HSA-qualified healthcare plan as long as the HSA is opened before the federal income tax filing deadline for that year. If you're considering this option, find an HSA provider that benefits from this provision."
HealthEquity
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Are Surprises Ahead for Legislation to Curb Surprise Medical Bills?
"[P]policymakers agree on the need to take patients out of the middle of the fight over charges, but crafting a legislative solution will not be easy. A hearing of the House Ways and Means health subcommittee [on May 21] quickly devolved into finger-pointing as providers' and insurers' testimony showed how much they don't see eye to eye.... As Congress weighs how to address the problem, here's a guide to the bills and what to watch."
Kaiser Health News
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New Push for ACA Innovation Waivers Aims to Rekindle States' Interest
"A [May 3, 2019] request for information (RFI) on 'state relief and empowerment waivers' ... aims to encourage innovative reforms that strengthen state health insurance markets.... Employers with multistate worksites could face differing state requirements that complicate determining shared-responsibility compliance or pursuing a defined contribution approach to help employees buy individual insurance. As states pursuing waivers seek additional funds to make the reforms work, employers could end up paying new health plan assessments that vary from state to state. If a state's assessment involves self-insured employers, litigation over ERISA preemption of the new state levy could lead to further uncertainty."
Mercer
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ACA Litigation Round-Up: Contraceptive Coverage Mandate
"With the final rules enjoined, the Obama-era accommodation for the contraceptive mandate remains in place. Given this, two couples and a business in Texas brought a class action lawsuit to challenge the Obama-era rules. This lawsuit is advancing quickly and could lead to a situation where both the Obama-era rules and the Trump-era rules on the contraceptive mandate are set aside in dueling preliminary injunctions. This post summarizes the current status of the litigation in California, Massachusetts, Pennsylvania, and Texas."
Katie Keith, in Health Affairs
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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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