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Health & Welfare Plans Newsletter

June 28, 2021

6 New Job Opportunities


[Guidance Overview]

Connecticut Enacts Law Providing Employees Unpaid Time Off to Vote

"Eligibility for leave: any employee in the case of a state election; any employee who is an elector in the case of any special election for United States senator, representative in Congress, state senator or state representative. Leave entitlement: two hours unpaid time from an employee's regularly scheduled work on the day of any covered election during voting hours."  MORE >>

Jackson Lewis P.C.

Exceptional Usefulness and Quality icon Fourth Circuit: HIPAA Does Not Create a Private Right of Action

"There is no private cause of action to address an improper disclosure of medical information under [HIPAA], the U.S. Court of Appeals for the Fourth Circuit has held for the first time.... Although this case unfolded in a prison setting, this ruling could have implications in the workforce and reminds employers to treat confidential medical information of its workers carefully." [Payne v. Taslimi, No. 18-7030 (4th Cir. May 27, 2021)]  MORE >>

Jackson Lewis P.C.

Four Fronts in the Battle Against Fraud in Health Benefits

"To help prevent fraud from occurring, make sure the plan has the proper controls in place.... Use the right tools to detect fraud in a timely manner.... Conduct thorough investigations -- regardless of how small the fraud might seem to be.... Develop the right processes to successfully resolve cases of fraud."  MORE >>

International Foundation of Employee Benefit Plans [IFEBP]

New Alzheimer's Drug Is Projected to Increase National Health Expenditures by More Than One Percent

"[P]rojections suggest that, by the mid-2020s, Aduhelm will constitute more than 1% of all national health spending, increasing non-retail drug spending by more than 25% and increasing total prescription drug spending by more than 8%.... The limited evidence for the efficacy of Aduhelm raises the question of whether its large impact on health spending is justified."  MORE >>

Altarum Institute

New York City Union Helps Block Single-Payer Bill But Agrees to Cost-Cutting That May Hurt Retirees and Help the Insurance Industry

"In New York City ... the umbrella organization for the city's public sector unions -- the Municipal Labor Committee (MLC) -- recently helped the health insurance industry block a statewide single-payer bill ... But it turns out that the MLC ... was also engaging in backdoor negotiations with the city, resulting in a proposal to switch nearly a quarter-million people from Medicare to privately administered Medicare Advantage plans.... The move ... would change the annual out-of-pocket costs of those impacted from a maximum of $1,053 per year to up to $7,550."  MORE >>



American Academy of Actuaries Comment Letter to HHS, DOL and Treasury on Possible Agency Actions Related to the No Surprises Act (PDF)

11 pages. "It is likely that providers and payers will experience higher administrative costs due to the implementation and administration of the Act. These additional costs likely will be passed to customers in higher premiums or plan costs ... A national [independent dispute resolution (IDR)] system could result in very disparate effects, state to state and market to market, depending on underlying conditions.... States will have to decide whether to maintain their approaches or switch to the federal system."  MORE >>

American Academy of Actuaries

Benefits in General

Exceptional Usefulness and Quality icon Using Mandatory Arbitration to Avoid ERISA Class Actions, Part 3: Practical Considerations (PDF)

"[1] Provide that an arbitrator will decide whether the disputes are arbitrable. [2] Require all employees to sign an arbitration agreement that specifically refers to ERISA fiduciary breach claims and contains a clear class action waiver ... [3] Adopt a plan provision requiring mandatory individual arbitration of all claims and disputes ... [4] Notify participants and former employees with vested benefits immediately when the plan provision is adopted ... [5] Reference the arbitration clause in any communications regarding a dispute ... [6] Mention some consideration provided by employees/participants in these documents. [7] Specify a specific venue for the arbitration to control potentially inconsistent decisions."  MORE >>

Cohen & Buckmann P.C., via Bloomberg Law

Employee Benefits Jobs

View job as Retirement Plan Administrator
for Chase Benefit Advisors Retirement Plan Administrator

Chase Benefit Advisors

Glen Allen VA

View job as Plan Document Specialist
for National Professional Planning Group Plan Document Specialist

National Professional Planning Group

Telecommute / Shrewsbury NJ

View job as Managing Director, Insperity 401(k) Plans
for Insperity Managing Director, Insperity 401(k) Plans


Kingwood TX

View job as Compliance Administrator II
for Associated Pension Consultants Compliance Administrator II

Associated Pension Consultants


View job as Senior ERISA Compliance Specialist
for Hooker & Holcombe Senior ERISA Compliance Specialist

Hooker & Holcombe

Telecommute / Bloomfield CT

View job as Director of Compliance
for UBA Director of Compliance


Telecommute / Chicago IL

Last Issue's Most Popular Items

Summary of Patient Protections Provided by the ACA and CAA 'No Surprises Act'

ABD Insurance & Financial Services

District Court Finds Health Insurer's Cross-Plan Offsetting Practices Were Prohibited Transaction Under ERISA

Thomson Reuters Practical Law

Public Comments Now Available on Proposed Modifications to the HIPAA Privacy Rule

U.S. Department of Health and Human Services [HHS]

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

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