Health & Welfare Plans Newsletter

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[Guidance Overview]

Consolidated Appropriations Act Includes New Restrictions on Surprise Medical Bills

"Plans must include cost-sharing and contact information on any physical or electronic plan or insurance identification card issued to participants, beneficiaries, or enrollees.... Plans must offer price comparison guidance by telephone and provide a price comparison tool on the website of the plan ... Plans must establish a database and disclose on its website each provider and facility with which it has a contractual relationship for furnishing items or services, including contact information for each provider and facility." Icon to read more

Sheppard Mullin

[Guidance Overview]

Telemedicine Visits Count Towards FMLA Time Under New DOL Guidance

"While there may have previously been confusion or uncertainty about whether remote visits to a healthcare provider should be considered as valid 'treatment' that would render an employee eligible for protected time off under federal law, [FAB 2020-08] offers the first definitive word from federal authorities in the wake of the COVID-19 pandemic that this temporary policy will be extended for the foreseeable future. The agency also released [FAB 2020-07] on how employers can satisfy federal posting requirements via electronic communication methods." Icon to read more

Fisher Phillips

[Guidance Overview]

DOL Cements Telehealth Visits for FMLA Purposes as the New Normal

"[To] be FMLA-qualifying, the DOL's guidance clarified that the visit must include all the following: [1] An exam, evaluation, or treatment by an FMLA-qualifying healthcare provider; [2] Pass muster and be accepted by the respective state licensing authorities; and [3] Be by video conference (so not just audio, telephone call, text message, etc.)." Icon to read more

Dickinson Wright

Supreme Court Holds That ERISA Does Not Preempt Arkansas PBM Law: The Impact on Employer Sponsored Group Health Plans

"The decision gives the green light for state-by-state regulations of PBM networks and payment practices. The impact of Rutledge on employer-sponsored group health plans, particularly multi-state arrangements, is difficult to underestimate. Employers will need to grapple with the inevitable proliferation of state PBM laws that, while purporting to regulate the relationship between a PBM and a pharmacy, will in all likelihood have unintended and unwelcome consequences for their group health plans." [Rutledge v. Pharmaceutical Care Mgmt. Assoc., No. 18-540 (S. Ct. Dec. 10, 2020)] Icon to read more


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Text of Updated DOL Q&As: Families First Coronavirus Response Act (FFCRA)
Wage and Hour Division [WHD], U.S. Department of Labor [DOL]

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BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2021, 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, 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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