Health & Welfare Plans Newsletter

May 28, 2019

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Benefit Plans Plus, LLC [BPP]
in Saint Louis MO

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NWO Electrical Administrators, Inc.
in Rossford OH

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Loren D. Stark Company
in Irving TX / Telecommute

Retirement Plan Administrator
Prime Benefits
in Phoenix MD / Telecommute

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[Official Guidance]

Text of HHS Fact Sheet: Direct Liability of Business Associates

"OCR has authority to take enforcement action against business associates only for those requirements and prohibitions of the HIPAA Rules as set forth [in this Fact Sheet].... By contrast, OCR lacks the authority to enforce the 'reasonable, cost-based fee' limitation ... against business associates because the HITECH Act does not apply the fee limitation provision to business associates.... If the fee charged is in excess of the fee limitation, OCR can take enforcement action against only the covered entity."
U.S. Department of Health and Human Services [HHS]

[Advert.]

Association Health Plans, Time to See Them From a Whole New View Point

Sponsored by Lorman and BenefitsLink

June 11 webinar will reintroduce you to Association Health Plans (AHPs) and Multiple Employer Welfare Arrangements (MEWAs) and help you weigh the pros and cons of these programs. BenefitsLink discount.


[Guidance Overview]

Editor's Pick HHS Proposes to Strip Gender Identity, Language Access Protections from ACA Anti-Discrimination Rule

"The proposed rule would entirely eliminate: [1] The definitions section of the current rule ... [2] Specific nondiscrimination protections based on sex, gender identity, and association; [3] Major language access requirements ... [4] Notice requirements that require covered entities to post information about Section 1557 and nondiscrimination at its locations and on its website; [5] Requirements to have a compliance coordinator and written grievance procedure to handle complaints about alleged violations of Section; and [6] Various enforcement-related provisions [.]"
Katie Keith, in Health Affairs

When Can You Terminate Health Coverage During FMLA?

"Retroactive termination can occur only if: [1] the employer has established policies regarding other forms of unpaid leave that provide for the employer to cease coverage retroactively to the date the unpaid premium payment was due, and [2] a notice was given to the employee at least 15 days before the end of the 30-day grace period."
Graydon

Paid Leave Law in Maine Waits for Governor's Signature

"The bill would require Maine employers with 10 or more employees working for more than 120 hours in the calendar year to provide one hour of paid leave for every 40 hours an employee works, up to a maximum of 40 hours paid leave annually."
Jackson Lewis P.C.

Editor's Pick Supporting Employment Among Lower-Income Mothers: The Role of Paid Family Leave

"PFL provided time to arrange child care, recover from pregnancy and childbirth, bond with the baby and help him transition to nonparental care, and initiate and maintain breastfeeding. Mothers cited limitations to the program, but valued the time to care for their baby and plan their return to work."
Assistant Secretary for Planning and Evaluation [ASPE], U.S. Department of Health and Human Services [HHS]

[Opinion]

ECFC Comment Letter to EEOC on Proposed Overtime Pay Regs under FLSA (PDF)

"ECFC is concerned that amounts allocated by the employer to an employee's account under a health reimbursement arrangement (HRA) may not be exempt from FSLA unlike other health plans arrangements established by an employer and would request clarification under the final regulations that HRAs be treated similar to other employer-provided health benefit plans."
Employers Council on Flexible Compensation [ECFC]

[Opinion]

American Benefits Council Comment Letter to Massachusetts Department of Family and Medical Leave

"[We] urge the Department to provide a delay in the July 1, 2019, effective date of at least three months. We also urge the Department to consider good faith or other relief for employers during the first 12-18 months the contribution rules are in effect."
American Benefits Council

Benefits in General

Supreme Court Could Soon Consider Several ERISA Cases

"The cases include examples of 'stock drop' litigation; litigation about the burden of proof to establish loss; a case that tests the 'actual knowledge' standard for statute of limitations purposes; and a case that examines pleading standards under ERISA."
planadviser

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David Rhett Baker, J.D., Editor and Publisher  davebaker@benefitslink.com
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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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