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Health & Welfare Plans Newsletter

April 27, 2021

6 New Job Opportunities


[Guidance Overview]

Alert (High Risk Issue) icon Latest COVID Relief Bill Expands the Number of Individuals Who Can Trigger Employer Penalties Under the ACA

"[ARPA] does away with the 400 percent Federal Poverty Level cap when ... determining whether an individual is eligible for a premium tax credit. Consequently, any full-time employee who receives a premium tax credit could trigger a section 4980H penalty."  MORE >>


[Guidance Overview]

Health Insurance Premium Tax Credit and Cost-Sharing Reductions (PDF)

16 pages. "This report describes current law (including the ARPA's temporary changes) and applicable regulations and guidance,specifically how the PTC and CSR requirements apply in 2021." [R44425, updated Apr. 26, 2021]  MORE >>

Congressional Research Service [CRS]

[Guidance Overview]

Fee Disclosures Coming for Group Health Plans

"The CAA amends ERISA Section 408(b)(2) to require ... that certain service providers make fee disclosures to group health plans. These disclosures must be made in order for the contract with the service provider to be 'reasonable' and thus exempt from the prohibited transaction rules. The amendment is very similar to, and appears to be largely modeled after, the retirement plan fee disclosure rules."  MORE >>

Dickinson Wright PLLC

[Guidance Overview]

Exceptional Usefulness and Quality icon Applicability of COVID-19 Relief Legislation and Guidance to Health and Welfare Plans (PDF)

"A chart addressing how certain relief provisions for health and dependent care FSAs and COBRA health plan continuation coverage enacted and issued in response to the US COVID-19 pandemic apply to various kinds of health and welfare arrangements."  MORE >>

Groom Law Group, via Thomson Reuters Practical Law

Are Surprise Billing Payments Likely to Lead to Inflation in Health Spending?

"Establishing payment is critical to ensuring that stakeholders are satisfied and comply with the law. But an upward trend in payments for out-of-network care could push rates higher in in-network contracts. These costs, in turn, could push premium costs higher for employers and consumers."  MORE >>

The Commonwealth Fund

Sixth Circuit Determines Retiree Healthcare Benefits Did Not Vest Under Collective Bargaining Agreements

"The court found that the district court did not err by determining that the healthcare plan documents do not clearly manifest an intent for retirement healthcare benefits to vest. The court did agree with Plaintiffs that the CBA's general durational clause does not control because the plan documents only reference sections of the CBA and not the CBAs in their entirety." [Michigan Educ. Ass'n Family Retired Staff Ass'n v. Michigan Education Ass'n, No. 20-1174 (6th Cir. Apr. 20, 2021)]  MORE >>

Roberts Disability Law

Alert (High Risk Issue) icon Hospital Price Transparency's Slow Burn

"Despite inconsistent compliance and no enforcement, fresh signals indicate that hospitals should brace for more scrutiny on their price transparency."  MORE >>

HealthLeaders Media

Benefits in General

Awarding Attorney Fees to the Plan When Plaintiff Refuses to Drop Suit After Reinstatement of Benefits

"What happens when the ERISA claimant files suit after the disability claim has been denied, and then the ERISA claims administrator reinstates benefits retroactively? Doesn't reinstatement 'moot' the issues in the lawsuit, or make claims regarding future benefits unripe -- requiring dismissal of the suit? YES it should. And a Plaintiff's decision to continue the case after reinstatement may expose the plaintiff to an award of attorney fees to the defendant." [Peer v. Liberty Life Assurance Co. of Boston, No. 19-13974 (11th Cir. Apr. 6, 2021)]  MORE >>

Lane Powell PC

Employee Benefits Jobs

View job as Employee Benefit Plan Auditor
for Cassell Plan Audits Employee Benefit Plan Auditor

Cassell Plan Audits

Telecommute / Saint Charles IL

View job as Employee Benefit Plan Auditor
for Cassell Plan Audits

View job as DB/CB Client Manager
for CMC Pension Professionals DB/CB Client Manager

CMC Pension Professionals

Telecommute / Glendale CA

View job as DB/CB Client Manager
for CMC Pension Professionals

View job as Client Manager / DC Consultant
for CMC Pension Professionals Client Manager / DC Consultant

CMC Pension Professionals

Telecommute / Glendale CA

View job as Client Manager / DC Consultant
for CMC Pension Professionals

View job as Employee Benefits Attorney
for Barclay Damon Employee Benefits Attorney

Barclay Damon

Albany NY / Buffalo NY / New Haven CT / New York NY / Rochester NY / Syracuse NY

View job as 401k Documents Consultant
for Newport 401k Documents Consultant


Minneapolis MN

View job as Senior 401k Documents Specialist
for Newport Senior 401k Documents Specialist


Minneapolis MN

Press Releases

Results of 2020 ESOP Executive Compensation Survey Now Available for Purchase

National Center for Employee Ownership [NCEO]

Webcasts and Conferences
(Health & Welfare Plans)

Employee Health Trends Shaped by COVID-19

April 29, 2021 WEBCAST


Last Issue's Most Popular Items

IRS Confirms Government Employers -- Even Large Ones -- Are Now Eligible for COVID-19 Leave Tax Credits

Franczek P.C.

American Rescue Plan: How to Navigate New Continuation Coverage Standards for COBRA

Goodwin Procter

Medical Stop Loss Coverage: Premiums Up 8% for 2021


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

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