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Health & Welfare Plans Newsletter

February 15, 2022

6 New Job Opportunities 6 New Job Opportunities


[Guidance Overview]

Updated Guidance for Health Plans on COVID-19 Testing

"[FAQs Part 52] provided clarity on the following: [1] Flexibility in establishing the 'direct coverage' safe harbor ... [2] No enforcement action due to supply shortages ... [3] Addressing fraud for certain purchases ... [4] Coverage requirements and self-collected samples processed by laboratories ... [5] Impact to health FSAs and account-based plans."  MORE >>


[Guidance Overview]

Good Faith Relief Ending for ACA Reporting in 2022

"As the IRS begins to focus more than ever before on the accuracy of forms ... it is critical for employers to thoroughly review Forms 1094-C and 1095-C for accuracy. While it may be impossible to review every single form issued to an employee and to the IRS, [this article provides tips] to accurately check the relevant ACA reporting forms."  MORE >>

Hall Benefits Law

[Guidance Overview]

California COVID Supplemental Sick Leave Is Back

"[T]he 2022 law differs from the 2021 leave because an employer cannot require an employee to exhaust their COVID supplemental sick leave when excluded from the workplace under any Cal-OSHA COVID-19 Emergency Temporary Standards. If there is a local COVID sick leave ordinance, an employer may count the leave provided under the state supplemental sick leave law toward the local ordinance."  MORE >>

Foley & Lardner LLP

[Guidance Overview]

Illinois Employers with Group Health Plans Must Provide New Benefit Comparison Notice to Covered Illinois Employees

"An argument can be made that the new law, at least as to self-insured plans, is [preempted by ERISA]. However, employers in Illinois may choose to comply with the new law in order to avoid the penalties ... rather than waiting until the preemption issue is definitively decided.... Employers that provide fully insured medical benefits to Illinois employees could ask their brokers and insurers if they will assist with the preparation of the required. Ultimately, however, employers are responsible for preparing and providing the notices."  MORE >>

Clark Hill PLC

Eighth Circuit Upholds Insurer's Right to Reimbursement of Medical Expenses Despite Its Failure to Pursue Its Claims in Subrogation

"[T]he Eighth Circuit Court of Appeals considered whether an ERISA health plan's insurer is entitled to seek reimbursement for medical expenses it paid for an insured's injury from the insured, where the insured sought relief against the person who caused the injury. The Eighth Circuit found in favor of the health plan on its right to reimbursement[.]" [Vercellino v. Optum Insight, Inc., No. 20-3524 (8th Cir. Feb. 14, 2022)]  MORE >>

Roberts Disability Law

Physicians Report Prior Authorization Hurts Workforce Productivity

"[M]ore than half (51%) of physicians who care for patients in the workforce reported that prior authorization had interfered with a patient's job responsibilities. In fact, more than one-third (34%) of physicians reported that prior authorization led to a serious adverse event, such as hospitalization, disability, or even death, for a patient in their care.... The AMA offers employers a list of questions to ask health plans about how their prior authorization requirements may impact employees."  MORE >>

American Medical Association [AMA]

The Federal Telehealth Extension and Evaluation Act: What You Need to Know

"The legislation aims to extend the waivers of the geographic and site restrictions and allow Medicare beneficiaries to access telehealth even when at home [and] allow controlled substances to be prescribed via an initial telehealth encounter under the Ryan Haight Act ... The legislation would require HHS to study the impact of the pandemic telehealth flexibilities and deliver a report to Congress no later than 18 months after the end of the public health emergency."  MORE >>

Foley & Lardner LLP

The Health Data Use and Privacy Commission Act: Is HIPAA Getting a Facelift and Expanding Its Reach?

"The bipartisan act ... would establish a new commission to recommend health information privacy law revisions to Congress.... This modernization could mean not only changes for existing covered entities and business associates, but appears specifically targeted at expanding HIPAA's reach to entities, such as health technology and app providers, that have thus far generally exceeded HIPAA's reach. Health technology and app providers not currently complying with HIPAA may face significant changes."  MORE >>

Carlton Fields

Benefits in General

Benefits That Attract and Retain Employees as We Emerge from the Pandemic

"[F]inancial wellness programs are now becoming an essential workplace benefit.... An employer retirement match is an attractive employee benefit that can help an employer set themselves apart.... Some employers are adding a profit-sharing arrangement to their 401(k) plans.... [O]ther benefits include providing caregiver leave and rethinking paid time off (PTO) policies.... If your company offers an HSA, now may be a good time to remind employees of this benefit and how to enroll in the account or to increase their contributions."  MORE >>


Exceptional Usefulness and Quality icon Arbitration Under ERISA: A Roadmap for Enforcement

"[T]he benefits of arbitration can only be realized if it is enforceable. [A chart] highlights the most common reasons courts have refused to enforce mandatory individual arbitration in ERISA plans and offers potential solutions for overcoming these judicial obstacles."  MORE >>


Employee Benefits Jobs

View job as 401(k) Plan Administrator Trainee/Assistant
for Southern Pension Services 401(k) Plan Administrator Trainee/Assistant

Southern Pension Services

Tampa FL

View job as 401(k) Plan Administrator Trainee/Assistant
for Southern Pension Services

View job as Plan Administrator
for Southern Pension Services Plan Administrator

Southern Pension Services

Remote / Tampa FL

View job as Plan Administrator
for Southern Pension Services

View job as Benefits and Compensation Analyst
for KQED Benefits and Compensation Analyst


San Francisco CA

View job as Actuary - GS 14
for Pension Benefit Guaranty Corporation [PBGC] Actuary - GS 14

Pension Benefit Guaranty Corporation [PBGC]

Remote / Washington DC

View job as Actuary - GS 15
for Pension Benefit Guaranty Corporation [PBGC] Actuary - GS 15

Pension Benefit Guaranty Corporation [PBGC]

Remote / Washington DC

View job as Pension Consultant
for Pension Associates Pension Consultant

Pension Associates

Remote / Stamford CT

Press Releases

LifeSpeak to Acquire Wellbeats


DCIIA Announces 2022 Executive Committee

Defined Contribution Institutional Investment Association [DCIIA]

Benefitfocus Alumni Launch SwellChat to Bring Human Magic Back to Benefits


WINFertility Teams Up with Sheppard Mullin to Provide Inclusive Family-Building Benefits for Employees


HBL Expands of Counsel Ranks, ERISA Litigation Capabilities

Hall Benefits Law

Webcasts and Conferences
(Health & Welfare Plans)

Déjà Vu All Over Again? The Return of California COVID-19 Supplemental Paid Sick Leave

February 17, 2022 WEBCAST

Fisher Phillips

HSAs - Advanced

March 15, 2022 WEBCAST


ERISA Litigation Update for Plan Sponsors and In-House Counsel

March 30, 2022 WEBCAST


Last Issue's Most Popular Items

Health Plan Fiduciaries Should Be Prepared for Service Provider Fee Disclosures

Ice Miller LLP

Audit of DOL Cybersecurity Finds Deficiencies

BenefitsPro; free registration required

Surprise Billing Guidance Addresses Interaction of IDR Procedures and DOL Claims Regulations

Thomson Reuters Practical Law

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

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