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Health & Welfare Plans Newsletter

April 14, 2021

3 Jobs Today


[Official Guidance]

Text of CMS FAQs: 2020 Optional Benefit Year Cost-Sharing Reduction (CSR) Data Submission (PDF)

"CMS will provide an opportunity for all issuers to submit 2020 benefit year CSR data.... From a technical or operational standpoint, there are no significant changes from the way issuers submitted data and attestation files from past years.... Issuers that have participated in the past will need to complete the data and attestation files just like in prior years."  MORE >>

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

[Guidance Overview]

PPE Costs Can Be Reimbursed from FSAs, HRAs, and HSAs

"[S]ome health FSA and HRA plan documents list the permitted reimbursable expenses or might have other exclusions that would make COVID-19 PPE not reimbursable. In that case, the plan can be amended to add COVID-19 PPE as a permitted expense. This comes with a few requirements[.]"  MORE >>

HUB International

Use COVID-19 PPE to Remind Employees of FSA-Eligible Items

"The recent inclusion of COVID-19 PPE is a timely way to remind employees how to get the most out of their benefits and tax-advantaged plans. Understanding how and when to use these funds is an important part of benefits literacy and an effective way to engage employees in their own health and wellness decisions."  MORE >>

Corporate Synergies

Legal Considerations of Employer-Provided COVID-19 Vaccine Incentives

"Although many businesses have asked the EEOC to clarify the legality and boundaries of vaccine incentives, these remain largely unanswered questions.... [Employers who] offer incentives to receive a vaccine that some of their employees cannot receive due to religious or health reasons ... are in danger of potentially violating discrimination laws[.]"  MORE >>

Hunton Andrews Kurth LLP

Exceptional Usefulness and Quality icon COVID-19 Vaccination: Setting Up On-Site Programs

"[O]rganizations considering setting up an on-site COVID-19 vaccination program have several issues to consider. [This article provides] a nonexhaustive list of a few of those issues."  MORE >>

Jackson Lewis P.C.

Alert (High Risk Issue) icon Bostock, Section 1557, and Transgender Benefits in Self-Funded Health Plans (PDF)

"Recent legislation and court decisions mean that all employers that sponsor self-funded health plans should review their plan documents ... [A]ny plan or plan sponsor that is subject to Section 1557 of the [ACA] will need to ensure that benefits for gender dysphoria satisfy all legal requirements."  MORE >>

Davis & Gilbert LLP, via Employee Relations Law Journal

2021 Medical Loss Ratio Rebates

"[I]nsurers estimate they will be issuing a total of about $2.1 billion across all markets -- the second-largest amount since rebates were first issued in 2012 under the ACA. This year's rebates are roughly $400 million lower than last year's record high of $2.5 billion, but more than 50% higher than the amount in 2019."  MORE >>

Henry J. Kaiser Family Foundation

Employee Benefits Jobs

View job as Defined Contribution Plan Administrator
for Pension Investors Corp of Orlando Inc Defined Contribution Plan Administrator

Pension Investors Corp of Orlando Inc

Altamonte Springs FL

View job as Defined Contribution Plan Administrator
for Pension Investors Corp of Orlando Inc

View job as ESOP Retirement Account Administrator, Senior
for Alerus ESOP Retirement Account Administrator, Senior



View job as Retirement Plan Administrator III
for Fulton Bank Retirement Plan Administrator III

Fulton Bank

Lancaster PA

Selected New Discussions

Non-Quantitative Treatment Limitation Comparative Analyses -- What Are You Doing to Ensure Compliance?

"The DOL published FAQs last week. For self funded medical and pharmacy plans, how are you going about preparing the comparative analysis and ensuring compliance? I understand that (at least the PBMs) are not planning on providing this analysis to plan sponsors. Are you looking to law firms, your H&W consultant or elsewhere to make sure the analysis is complete?"

BenefitsLink Message Boards

COVID Surcharge in New Jersey

"A carrier in NJ is putting a 'COVID Surcharge' on medical premiums since the February plan month. It's no secret that carriers have lost significant revenue due to lower utilization (members not getting elective services) during the sheltering in place period of the Pandemic. Does anyone have a good explanation/rationalization for the surcharge? Was there any recent regulation that I may have missed that addresses this? Is this solely a New Jersey thing?"

BenefitsLink Message Boards

Press Releases

Free Option for Benefits Decision Support: Tango Health’s Decision Assist Standard

Tango Health

Bennie and Betterment 401(k) Partner to Improve Financial Wellness


Last Issue's Most Popular Items

More Fizzle Than Sizzle: Agencies Issue First ARPA COBRA Subsidy FAQs and Model Forms


Text of IRS FAQs: ARPA Changes for Taxpayers Who Received Advance Payments of the 2020 Premium Tax Credit

Internal Revenue Service [IRS]

ARPA Obligations for Plans Subject to State Mini-COBRA


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BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587.

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