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Health & Welfare Plans Newsletter

March 7, 2022

5 New Job Opportunities 5 New Job Opportunities


[Guidance Overview]

How Does the No Surprises Act Impact Telemedicine Providers?

"The good news for the telemedicine industry is that the majority of the several hundred pages of statutes and regulations are inapplicable to many telehealth providers."  MORE >>

Foley & Lardner LLP

HHS Updates Women's Preventive Services Guidelines

"These Guidelines detail the preventative services that group health plans, health insurance issuers and individual health plans must cover without cost-sharing.... HRSA revised five preventive services: [1] Breastfeeding services and supplies; [2] Contraception; [3] Screening for HIV infection; [4] Counseling for sexually transmitted infections: and [5] Well-woman preventative visits."  MORE >>


Providers Prevail in Challenge to No Surprises Act Interim Final Rule

"The court's decision has been lauded by providers as 'a major victory for patients and physicians,' but criticized by health insurance plans as 'wrong and misguided.' " [Texas Medical Assoc. v. HHS, No. 21-0425 (E.D. Tex. Feb. 23, 2022)]  MORE >>

Troutman Pepper

Court Strikes Key Arbitration Provision of the No Surprises Act

"[The Texas Medical Association] asserted that the agencies, when issuing their interim final rule, revised the statutory language and created a 'rebuttable presumption' that requires IDR entities to give greater weight to a single statutory factor -- the 'qualifying payment amount' (QPA). The QPA is generally the median of the health plan's contracted rates for the relevant item or service, as calculated by the health plan. This, the TMA argued, will skew IDR results in favor of health plans and undermine providers' ability to obtain adequate compensation for their services. The court agreed with the TMA, finding that 'nothing in the [NSA] instructs arbitrators to weigh any one factor or circumstance more heavily than the others.' " [Texas Medical Assoc. v. HHS, No. 21-0425 (E.D. Tex. Feb. 23, 2022)]  MORE >>

Diceros Law PLLC

Exceptional Usefulness and Quality icon Alert (High Risk Issue) icon Health Plan Transparency and the Case for Welfare Plan Fiduciary Committees

"The Consolidated Appropriations Act, 2021 adopted a series of transparency requirements that apply to employer-sponsored group health plans.... A subset of these transparency requirements, while not likely well suited to class action claims, will nonetheless prove vexing.... [P]rovisions relating to mental health parity seem perfectly designed to attract class actions claims.... The motherlode for the plaintiffs' bar however is in the broker/consultant compensation disclosure rules."  MORE >>


Variation in Patients' Use Of, Experiences With, and Access to Telehealth During the First Year of the COVID-19 Pandemic

"During the first year of the pandemic, 37.4 percent of nonelderly adults and 46.2 percent of elderly adults had at least one telehealth.... Publicly insured nonelderly adults were more likely to have had a phone visit, as opposed to a video visit, than those with private insurance, which may reflect differences in patient access to video technology or the telehealth modalities insurers cover."  MORE >>

Urban Institute


PBM Reform Has Not Raised Costs for Patients and Payers (PDF)

"When states pass meaningful PBM reform, the increase in their average health insurance premium costs have been lower than the nationwide average. In fact, some states have actually seen a decrease in their premium costs ... PBMs and their conflicts of interest are responsible for rising prescription drug benefit costs. Limiting those conflicts of interest helps patients by empowering them to make healthcare decisions for themselves ... without raising their health insurance premiums."  MORE >>

National Community Pharmacists Association [NCPA]

Benefits in General

Alert (High Risk Issue) icon How to Shoot Yourself in the Foot with Your SPD

"Two recent cases illustrate how an organization can end up in serious and costly litigation based on statements that did not have to be made in SPDs that did not have to be issued."  MORE >>

Verrill Dana LLP

Employee Benefits Jobs

View job as Group Benefits Program Implementation Analyst
for National Rural Electric Cooperative Association (NRECA) Group Benefits Program Implementation Analyst

National Rural Electric Cooperative Association (NRECA)

Arlington VA

View job as Group Benefits Program Implementation Analyst
for National Rural Electric Cooperative Association (NRECA)

View job as Tax Exempt DC Account Manager
for Nova 401(k) Associates Tax Exempt DC Account Manager

Nova 401(k) Associates

Remote / Houston TX / Dallas TX / Scottsdale AZ

View job as Tax Exempt DC Account Manager
for Nova 401(k) Associates

View job as Retirement Plan Specialist
for The Angell Pension Group, Inc. Retirement Plan Specialist

The Angell Pension Group, Inc.


View job as Healthcare Actuary
for Nyhart, part of FuturePlan by Ascensus Healthcare Actuary

Nyhart, part of FuturePlan by Ascensus

Remote / IN

View job as Retirement Distribution Processor
for Alerus Retirement Distribution Processor



Press Releases

Flume Health Raises $30M Series A to Redefine Health Plan Administration

Flume Health

AIG Life & Retirement and Annexus Launch X5 Accelerator Annuity, Powerful New Opportunity to Increase Income in Retirement

AIG Retirement Services

Webcasts and Conferences
(Health & Welfare Plans)

Health Benefits for Domestic Partners: The Tax and Coverage Rules

March 15, 2022 WEBCAST


State of the Health Plan Industry: Unpacking the Potential Impact for 2022 Planning

March 17, 2022 WEBCAST


Last Issue's Most Popular Items

The ERISA Safe Harbor for 'Voluntary' Benefits


Text of Updated IRS FAQs: Tax Credits for Paid Leave Under ARPA for Leave After March 31, 2021 (PDF)

Internal Revenue Service [IRS]

House Bill Would Extend Free COVID-19 Testing Mandate Beyond Emergency Period


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

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