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Health & Welfare Plans Newsletter

August 18, 2021

2 New Job Opportunities

 

[Guidance Overview]

Upcoming Deadline icon Yet Another Required Notice: COBRA Subsidy Expiration Date and Notice Requirement Approaching

"[M]ost AEIs will need to be given a notice between August 16, 2021 and September 15, 2021 notifying them that their COBRA subsidy will end ... on September 30, 2021. However, if an AEI's subsidy period ends before September 30th ... the notice must be sent sooner, but within the 15 to 45 day distribution window."  MORE >>

Wyrick Robbins Yates & Ponton LLP

[Guidance Overview]

Never Fear: More COBRA Subsidy Guidance Is Here

"Notice 2021-46 clarifies that assistance eligible individuals may be entitled to the COBRA subsidy for extended coverage periods ... even if the assistance eligible individual didn't elect extended coverage before April 1, 2021.... The Notice also clarifies that an entity that provides health benefits to employees of another entity, but is not a third-party payer of their wages, will not be treated as a third-party payer for purposes of applying Notice 2021-31."  MORE >>

Seyfarth

Alert (High Risk Issue) icon Another Court Rules Against Cross-Plan Offsetting

"[T]he District Court ... did not review whether the terms of the plan document permitted cross-plan offsetting. Instead, District Judge Brian R. Martinotti held that as practiced, cross-plan offsetting, in this case, violates ... the prohibited transaction provisions of ERISA.... Judge Martinotti [also] ruled that Aetna violated its fiduciary duty to Lutz Surgical Partners by engaging in cross-plan offsetting." [Lutz Surgical Partners PLLC v. Aetna, Inc., No. 15-2595 (D.N.J. Jun. 21, 2021)]  MORE >>

EPIC

Second Circuit Holds California Insurance Code's Ban on Discretionary Authority in Disability Policies Applies Only to California Residents

"Mayer was a resident of New York at all relevant times: he worked in NY, became disabled in NY, and applied for benefits in NY. The court held that Section 10110.6(a) applies only to the claims of California residents. Though no other circuit court has addressed this issue, the district courts that have considered it concluded that Section 10110.6(a) applies when the claimant is a California resident, not when the policy potentially insures a beneficiary who resides in California." [Mayer v. Ringler Assocs. Inc., No. 20-1281 (2d Cir. Aug. 12, 2021)]  MORE >>

Roberts Disability Law

Alert (High Risk Issue) icon Up in the Air: Does USERRA Require Paid Leave?

"Until recently, most employers familiar with USERRA's intricacies were confident that the statute does not require paid leave for military service. The Act, itself, is explicit in its pronouncement that servicemembers are entitled to up to five years of cumulative unpaid leave. The spate of class-action lawsuits targeting commercial airlines -- whose pilot workforces are made up of high percentages of service members -- has tossed that basic premise up in the air."  MORE >>

Airways Magazine

Impact of Star Ratings on Provider Demand

"Typically, value-based payment systems include additional bonus payments for high quality providers. However, there is another mechanism through which quality of care could improve provider finances: increased demand. If patients are responsive to star ratings or physicians who refer patients are sensitive to star ratings, better measured quality can increase provider revenue."  MORE >>

Healthcare Economist

Benefits in General

BenefitsLink is saddened to learn of the Aug. 16 death of Prof. Jonathan ("Jon") Forman of the University of Oklahoma College of Law. He was a member of the American College of Employee Benefits Counsel, and a prolific author on numerous tax and ERISA issues. "He will be greatly missed in our academic community," said Prof. Donald T. Bogan, also of the University of Oklahoma College of Law.  MORE >>

"BenefitsLink is saddened to learn of the Aug. 16 death of Prof. Jonathan ('Jon') Forman of the University of Oklahoma College of Law. He was a member of the American College of Employee Benefits Counsel, and a prolific author on numerous tax and ERISA issues. 'He will be greatly missed in our academic community," said Prof. Donald T. Bogan, also of the University of Oklahoma College of Law."  MORE >>

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Employee Benefits Jobs

View job as Pension Plan Administrator
for DeMars Pension Consulting Services, Inc. Pension Plan Administrator

DeMars Pension Consulting Services, Inc.

Overland Park KS

View job as Pension Plan Administrator
for DeMars Pension Consulting Services, Inc.

View job as Health Insurance Specialist
for Centers for Medicare & Medicaid Services [CMS] Health Insurance Specialist

Centers for Medicare & Medicaid Services [CMS]

Remote / Woodlawn MD / Dallas TX / Atlanta GA / San Francisco CA / Denver CO / Chicago IL / Boston MA / Kansas City MO / Philadelphia PA / New York NY / Seattle WA

Selected New Discussions

Retiring at 62 -- Can I Use HSA for Health Insurance Premiums?

"If I understand the current rules correctly, if I retire at age 62, I can use my HSA funds to pay COBRA health insurance premiums, but after that (18 months) I cannot without paying taxes on the withdrawal. Seems like a rule that wasn't very well thought out. Is this correct? Anyone else think this is unfair?"

BenefitsLink Message Boards

Press Releases

PenChecks Opens New Call Center to Improve Phone Support

PenChecks Trust

Schwab Retirement Plan Services Launches My Financial Guide to Help Workers Take Control of Their Financial Lives

Charles Schwab Corporation

Webcasts and Conferences
(Health & Welfare Plans)

What Connecticut Employers Should Know About Connecticut Paid FMLA

September 2, 2021 WEBCAST

Jackson Lewis LLP

All the Surprises in the No Surprises Act: Provider and Health Plan Requirements Related to Surprise Billing, Part 1

September 21, 2021 WEBCAST

Faegre Drinker

Last Issue's Most Popular Items

Text of Agency ACA FAQs Part 48: Coverage of Preventive Care Services (PDF)

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

Reminder: Notices Required for the End of COBRA Premium Assistance

Patterson Belknap Webb & Tyler LLP

Two New Lawsuits Challenge Insurer Transparency Rule

Health Affairs Blog

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

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