Health & Welfare Plans Newsletter

August 16, 2019

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Jobs

Retirement Plan Consultant
Retirement Consulting Firm
in Westchester IL / AL / AZ / CA / IN / NJ / NY / OH / PA / Telecommute

Defined Contribution Consultant
Aon
in Norwalk CT / Minneapolis MN / New York NY / Wayne PA / Tampa FL / Winston Salem NC

Client Services and Marketing Coordinator
Colorado Retirement Association (formerly CCOERA)
in Littleton CO

Benefits Analyst
State Farm Mutual Automobile Insurance Company
in Bloomington IL

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Webcasts, Conferences

Navigating Fringe Benefits and Deferred Compensation: Best Practices to Avoid IRS Scrutiny
August 20, 2019 WEBCAST
American Law Institute Continuing Legal Education Group [ALI CLE]

Creative Perks and Benefits: Effectively Motivate, Retain and Reward Your Employees Without Increasing Your Bottom Line
September 12, 2019 in OH
Worldwide Employee Benefits Network [WEB] - Cleveland Chapter

Update on ERISA Litigation and Lessons Learned
September 19, 2019 in CA
Worldwide Employee Benefits Network [WEB] - Orange County Chapter

►See 154 Upcoming Webcasts and Conferences

►See 1548 Recorded Webcasts


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[Official Guidance]

CMS Is Bringing Health Plan Quality Ratings to All Exchanges for the First Time

"[CMS] will require the display of the five-star Quality Rating System (or star ratings) available nationwide for health plans offered on the Health Insurance Exchanges beginning with the 2020 Open Enrollment Period.... [C]onsumers will be able to compare health coverage choices using a five-star quality rating of each plan on Exchange websites[.]"

Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]

[Advert.]

Employee Benefits During Leave of Absence

Sponsored by Lorman and BenefitsLink

August 28 webinar. It is critical for employers to understand when and how they are required to continue employee benefits while an employee is out on leave, and when they are not required -- or even permitted -- to do so. BenefitsLink discount.


[Guidance Overview]

DOL Issues Opinion Letter that Attending Child's IEP School Meeting Is Covered by FMLA

"This decision shows that situations may arise around the edges of what we consider 'typical' FMLA leave -- especially when it deals with leave taken to care for another individual. The important facts in this scenario appear to be: [1] The children had a qualifying serious health condition that was documented by a healthcare provider. The mother was already taking intermittent leave related to these children. [2] The IEP meetings were directly related to that medical condition. According to the opinion letter, the occupational, speech, and physical therapy were prescribed by a doctor, provided by the school, and discussed at the IEP meeting."

Bradley

San Antonio Temporarily Suspends Paid Sick Leave Law Amid Legal Challenge from Business Groups

"San Antonio has agreed to delay implementation until December 1, 2019. The stay will allow time for guidance from the Texas Supreme Court on the law’s constitutionality. In the meantime, San Antonio’s Paid Sick Leave Commission has agreed to work with business stakeholders to recommend changes in the ordinance to the San Antonio City Council."

McDermott Will & Emery

Suit Over Dallas Paid Sick Leave Law Begins With Venue Battle

"In late July, two local businesses filed a federal lawsuit in the Eastern District of Texas asking that the ordinance be enjoined. Earlier this week, the City moved to have the suit transferred to the Northern District of Texas -- Dallas Division.... The City also opposed the plaintiffs’ motion for a preliminary injunction that would bar enforcement of the ordinance during the pendency of the suit."

Fox Rothschild LLP

How to Get Employees to Use Telemedicine

"Before selecting a telemedicine provider, employers should ask whether employee engagement is part of the vendor’s offering. If not, employers must know that they will need to do the majority of the heavy lifting to drive engagement.... HR should consider the message and medium they will use to reach employees, as well as create a timeline for deployment. These messages should account for employee personas, common employee health issues and seasonal health topics."

First Stop Health

California Expands Domestic Partner Registration Opportunity; San Francisco Announces 2020 HCSO Contribution Rates

"Given the requirement to register domestic partnerships to gain state protections, employers may not experience an immediate impact on health plan enrollment.... For 2020, the per-hour healthcare expenditure rate for San Francisco employees working for employers with at least 100 employees (regardless of location) is $3.08, up from $2.93 last year. For employers with 20-99 employees, the 2020 per-hour expenditure rate is $2.05, up from $1.95 in 2019."

Lockton

Benefits in General

What Is a 'Functional' Fiduciary?

"The appellate court made clear that a participant or beneficiary does not have to allege a plan administrator or named fiduciaries also satisfy the functional fiduciary test to assert an ERISA claim. Anyone who performs functional duties may be considered a fiduciary." [Dawson-Murdock v. National Counseling Group, Inc., No. 18-1989 (4th Cir. Jul. 24, 2019)]

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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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