Health & Welfare Plans Newsletter

July 24, 2020

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View COVID-19 News and Resources

[Guidance Overview]

Affordable Percentage Will Rise for Employer Health Coverage in 2021

"For the many 2021 calendar-year plans using the FPL affordability safe harbor, the required employee contribution cannot exceed 9.83% of the FPL for a particular area -- $12,760 for mainland US -- or $104.53 per month[.]"

Mercer

[Guidance Overview]

DOL Issues Revised FMLA Compliance Forms

"One point made clear in the updated information is that employers do not have a right to require a Health Care Provider Certification where the FMLA leave is taken to bond with a healthy newborn or a child placed for adoption or foster care. ... The Certification form ... still lacks the specificity necessary for employers to fully evaluate the requirement that the employee is 'incapable' of performing the requirements of his or her job."

von Briesen & Roper, s.c.

[Guidance Overview]

DOL Issues New FMLA Leave Forms and Requests Public Comments

"By organizing responses into a check-the-box format with less narrative, the revised forms will reduce guesswork from both the medical provider answering the questions and the employer interpreting the responses (and handwriting) of medical providers. This new format also improves clarity surrounding whether the employee has a serious health condition by breaking conditions into categories and, again, providing boxes to check."

Faegre Drinker

[Guidance Overview]

California Legislature Proposes Bill Mandating Food Sector Supplemental Paid Sick Leave

"On April 16, 2020, California Governor Gavin Newsom issued Executive Order N-51-20, which provides COVID-19 related paid sick leave for 'food sector workers' who work for larger employers in the state. The California legislature is now considering codifying those leave requirements with Senate Bill 729."

Jackson Lewis P.C.

[Guidance Overview]

CMS Approves Pennsylvania's State Relief and Empowerment Waiver

"Pennsylvania will run a state-based reinsurance program for plan years 2021 through 2025 to partially reimburse insurers for certain high-cost claims for consumers in the individual health insurance market. The reinsurance program reduces costs for everyone in the individual market and is projected to reduce premiums by approximately 4.6 percent in Pennsylvania in plan year 2021. This waiver will also reduce premiums for those affected by COVID-19 who lost coverage and are enrolling in individual market coverage or will enroll in coverage during open enrollment."

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

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BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2020 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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