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Health & Welfare Plans Newsletter

June 22, 2021

9 New Job Opportunities


Be Careful What You Contract For: HIPAA and Successor Liability

"On April 28, 2021, [OCR] ... entered into a resolution agreement ... to settle allegations of violations of the [HIPAA] Security Rule.... What is notable in this instance is that the investigation was not initiated because of a breach of unsecured Protected Health Information (PHI) ... Instead, the event that triggered the OCR investigation was a breach by Peachstate's acquirer, a business associate of a different covered entity."  MORE >>


GAO Report on Prescription Drugs: Medicare Spending on Drugs with Direct-To-Consumer Advertising

"Drug manufacturers spent $17.8 billion on direct-to-consumer advertising (DTCA) for 553 drugs from 2016 through 2018, and spending was relatively stable at about $6 billion each year.... Medicare Parts B and D and beneficiaries spent $560 billion on drugs from 2016 through 2018, $324 billion of which was spent on advertised drugs.... [GAO] found that drug manufacturers changed their DTCA spending during key events, such as increasing spending when a drug was approved to treat additional conditions or decreasing spending following the approval of generic versions. GAO also found that DTCA may have contributed to increases in Medicare beneficiary use and spending among four selected drugs from 2010 through 2018." [GAO-21-380, published May 18, 2021, released Jun. 17, 2021]  MORE >>

U.S. Government Accountability Office [GAO]

Second PBM Reform Bill Becomes Law in Texas

"Texas HB 1919 became law last week. The bill prevents PBM self-dealing by prohibiting them from steering patients to affiliated pharmacies. It is the second PBM reform bill to become enacted recently in Texas."  MORE >>

National Center for Policy Analysis [NCPA]


American Benefits Council Comments on Self-Insured Plan Reporting to State All Payer Claims Databases (APCDs)

"[R]equiring employers to master the laws of 50 states and to submit different data sets, at different times, in different formats, for different populations would impose substantial burdens on self-insured plans. These significant costs would ultimately be borne in whole or in part by plan participants ... [We] ask that the Committee report and the subsequent DOL guidance to the states, state clearly and unequivocally that states cannot require self-insured plans to report to state APCDs."  MORE >>

American Benefits Council


In Third Obamacare Decision, Supreme Court Doesn't Decide Whether It's Constitutional

"In the end, the mandate and the [ACA] are here to stay, at least for now. The tradeoff for that outcome, though, was an opinion that muddies the waters of the Supreme Court's existing standing cases. That's a bad outcome all around." [California v. Texas, No. 19-840 (S. Ct. Jun. 17, 2021)]  MORE >>

The Heritage Foundation

Benefits in General

Tenth Circuit Makes Clear That Arms-Length Service Agreements Without Evidence of a Prior Relationship Are Not Prohibited Transactions

"Plaintiffs contended, '[b]ecause [the recordkeeper] is a service provider and hence a 'party in interest,' its 'furnishing of' recordkeeping and administrative services to the Plan constituted a prohibited transaction[.]' The Tenth Circuit soundly rejected that notion, noting '[t]he class's interpretation leads to an absurd result: the initial agreement with a service provider would simultaneously transform that provider into a party in interest and make that same transaction prohibited under Section 1106.' " [Ramos v. Banner Health, No. 20-1231 (10th Cir. June 11, 2021)]  MORE >>

Jackson Lewis P.C.

Employers Make Enhancing the Employee Experience a Top Priority for Post-Pandemic Success

"Most respondents believe a positive employee experience is a key driver of engagement (82%), employee wellbeing (79%), productivity (79%), and ability to attract and retain talent (80%).... Less than one in seven (13%) say the pandemic has receded enough to end temporary pandemic-related policies and programs. The rest indicate they will be ready to do so during the second half of this year (59%) or in 2022 or beyond (28%)."  MORE >>

Willis Towers Watson

Employee Benefits Jobs

View job as Manager, 5500 Team
for 401K Generation Manager, 5500 Team

401K Generation

Altamonte Springs FL

View job as Manager, 5500 Team
for 401K Generation

View job as Relationship Manager - Retirement Plan Services
for Hamilton Capital, LLC Relationship Manager - Retirement Plan Services

Hamilton Capital, LLC

Columbus OH

View job as Retirement Sales Consultant
for Alerus Retirement Sales Consultant


Telecommute / FL / GA / NC / SC

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


Telecommute / MI / MN / ND / NH

View job as Pension Sales Associate
for Pacific Life Pension Sales Associate

Pacific Life

Omaha NE / Newport Beach CA

View job as Employee Benefits Investigator (Recent Graduate)
for Employee Benefits Security Administration [EBSA] Employee Benefits Investigator (Recent Graduate)

Employee Benefits Security Administration [EBSA]

Telecommute / Fort Wright KY / OH

View job as Sales Operations Specialist for Retirement 401k Plans
for Newport Sales Operations Specialist for Retirement 401k Plans


Walnut Creek CA

View job as Sales Operations Specialist for Retirement 401k Plans
for Newport Sales Operations Specialist for Retirement 401k Plans


Charlotte NC

View job as Advanced Market Consultant - Retirement
for Voya Financial Advanced Market Consultant - Retirement

Voya Financial

Telecommute / AZ / CA / CO / CT / DC / FL / GA / MA / MD / MN / NY / OR / PA / TX / WA

Press Releases

Tony Notermann Joins SageView Advisory Group as Chief Financial Officer

SageView Advisory Group

Haynes and Boone’s Employee Benefits, Executive Compensation Practice Featured in 2021 Chambers USA Directory

Haynes and Boone, LLP

Voya Launches New Stable Value Offering to Help Retirement Savers with Their Financial Security

Voya Financial

OneDigital Acquires Christine Mathews Consulting, Marking Its Largest HR Acquisition


Webcasts and Conferences
(Health & Welfare Plans)

Section 125 Cafeteria Plans

July 20, 2021 WEBCAST

ABD Insurance & Financial Services

Professionalism in a Virtual World

August 4, 2021 WEBCAST

Conference of Consulting Actuaries

Last Issue's Most Popular Items

Text of Agencies' Request for Information: Reporting on Pharmacy Benefits and Prescription Drug Costs

U.S. Department of Health and Human Services [HHS]; U.S. Department of Labor [DOL]; U.S. Treasury Department; and Office of Personnel Management [OPM]

The ACA Survives Supreme Court Challenge: What Happens Next?

K&L Gates

Eighth Circuit Denies Appointment of Arbitrator to Resolve Dispute Over Payment of Attorneys' Fees from Welfare Trust

Roberts Disability Law

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

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