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Health & Welfare Plans Newsletter

February 21, 2022

8 New Job Opportunities 8 New Job Opportunities


[Guidance Overview]

Exceptional Usefulness and Quality icon HIPAA Small Breach Notifications Due March 1

"[Covered entities] must report small breaches to OCR no later than 60 days after the end of the calendar year in which the small breaches were discovered.... Steps to take for notifications ... [1] Designating a person within the covered entity ... [2] Preparing the contents of the notification in advance.... [3] Printing out and retaining a 'receipt' of the filing of the notification ... [4] Verifying that the covered entity has appropriate documentation in place."  MORE >>

Davis Wright Tremaine LLP

[Guidance Overview]

Hawaii Employee Health and Leave Benefits May Need Special Attention

"The Hawaii Prepaid Health Care Act (HPHCA) requires private employers to provide healthcare coverage for all eligible Hawaii employees.... The state's Department of Labor and Industrial Relations (DLIR) must approve all plans before employers can offer the coverage to employees or implement any plan changes -- including deductibles and out-of-pocket maximums.... Approval for a new self-insured plan may take a minimum of six to eight months once the employer completes and submits the necessary documents."  MORE >>


Fifth Circuit Reverses Denial of Preliminary Injunction in Employer Vaccine Mandate Case

"[A] split panel in the Fifth Circuit is the first appellate court to signal certain private employer mandates could be vulnerable. The opinion ... reverses the district court's denial of a preliminary injunction against the airline's mandatory vaccine program." [Sambrano v. United Airlines, No. 21-11159 (5th Cir. Feb. 17, 2022; unpub.)]  MORE >>


District Court Finds No Conspiracy Where Pharmacy and Pharmacy Benefit Managers Independently Declined Use of Plaintiff's Services

"A novel company promoting lower prescription drug costs failed to allege a conspiracy among CVS Pharmacy and three pharmacy benefit managers after they declined to utilize the company's services.... Run it First set forth factual allegations showing what it described as a 'series of concerted events' ... that established the inference of a conspiracy among the defendant companies. The court, however, held that these events were merely non-contemporaneous, independent actions." [Run it First, LLC v. CVS Pharmacy, Inc., No. 21-22604 (S.D. Fla. Feb. 16, 2022)  MORE >>


Benefits in General

Second Circuit Upholds Plan's Denial of Severance Benefits Based on Layoff Definition Applying Section 409A

"The court concluded that the plan correctly interpreted the term 'layoff' as excluding terminations based on disability, and that this interpretation was consistent with regulations under Section 409A (which were incorporated in the plan's definition of layoff)." [Soto v. Disney Severance Pay Plan, No. 20-4081 (2d Cir. Feb. 16, 2022)]  MORE >>

Thomson Reuters Practical Law

Employee Benefits Jobs

View job as Client Relations Manager/Compliance Analyst
for Alliance Benefit Group of Houston, Inc. Client Relations Manager/Compliance Analyst

Alliance Benefit Group of Houston, Inc.

Remote / Houston TX

View job as Client Relations Manager/Compliance Analyst
for Alliance Benefit Group of Houston, Inc.

View job as Documents Specialist
for Newport Documents Specialist


Mobile AL / Minneapolis MN / Pittsburgh PA

View job as Sr. Actuarial Analyst
for Newport Sr. Actuarial Analyst


Chicago IL / Dallas TX

View job as ESOP Analyst
for Newport ESOP Analyst


Remote / MI

View job as ERISA Specialist
for Newport ERISA Specialist


Minneapolis MN

View job as Document Specialist
for Compass Document Specialist


Remote / Stratham NH

View job as Benefits Advisor (English and/or Spanish) (Recent Graduates)
for Employee Benefits Security Administration [EBSA] Benefits Advisor (English and/or Spanish) (Recent Graduates)

Employee Benefits Security Administration [EBSA]

Remote / Atlanta GA

View job as Management Analyst
for Pension Benefit Guaranty Corporation [PBGC] Management Analyst

Pension Benefit Guaranty Corporation [PBGC]

Remote / Washington DC

Webcasts and Conferences
(Health & Welfare Plans)

Group Health Plan Service Provider Compensation Disclosure Requirements


Williams Mullen

OTC COVID-19 Tests: Required Benefits and Potential Issues

March 15, 2022 WEBCAST

American Bar Association Joint Committee on Employee Benefits [JCEB]

Last Issue's Most Popular Items

Recent Guidance on Implementing the No Surprises Act

Health Affairs

Agencies Release FAQs and Another Process Guide About Surprise Billing Independent Dispute Resolution

Thomson Reuters / EBIA

California 2022 COVID-19 Supplemental Paid Sick Leave Poster Now Available

CDF Labor Law LLP

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

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