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Health & Welfare Plans Newsletter
March 8, 2022
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9 New Job Opportunities
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[Guidance Overview]
CRS Report on Health Reimbursement Arrangements: Overview and Related History
29 pages. "This report briefly summarizes each kind of HRA, highlighting key aspects regarding eligibility and insurance coverage requirements, contributions, distributions, and the treatment of unused balances for each arrangement. It also provides a side- by-side comparison
table of the different kinds of HRAs. The report concludes with an Appendix that describes the history of HRAs and contextualizes certain HRA rules." [R47041, Mar. 7, 2022] MORE >>
Congressional Research Service [CRS]
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[Guidance Overview]
2022 Compliance Calendar for Group Health Plans
"This updated compliance resource explains key 2022 compliance deadlines for employer-sponsored group health plans. It also outlines group health plan notices that employers must provide each year." MORE >>
Bolton
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Fourth Circuit: Administrator's Failure to Respond to Claimant's Request for Information Demonstrated Futility of Appealing
"[T]he Fourth Circuit found that by not producing any documents, and indeed failing to respond at all, United 'violated its fiduciary obligations under ERISA and the Plan,' 'impeded the appeal process,' and put plaintiff 'at a distinct disadvantage in
understanding how to proceed.' Thus, plaintiff properly concluded that United was uninterested in complying with plan procedures, and that following through with an appeal would be futile." [Wilson v. UnitedHealthcare Ins. Co., No. 20-2044 (4th Cir. Feb. 24,
2022)] MORE >>
Kantor & Kantor
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Yale Reaches $1.3 Million Deal in Wellness Plan Bias Suit
"The deal ... will require Yale to stop collecting the $25 fee from workers who opted out of its Health Expectations Program.... [T]he settlement will bar a business associate of the university from sending data to Yale's plan vendor for purposes of health coaching
without employee consent. The university will also instruct the vendor to purge data related to prior health coaching engagements from its records." [Kwesell v. Yale Univ., No. 19-01098 (D. Conn. motion for preliminary settlement approval Mar. 4, 2022)] MORE >>
Bloomberg Law
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One Social Worker Worked Nights to Get Fertility Benefits
"Roughly 1 in 8 couples, or 7.4 million people, struggle with infertility ... But in many cases, employer-sponsored health insurance and benefits don't offer comprehensive fertility coverage. Employees find themselves struggling to pay out of pocket for expensive
procedures, such as IVF, which can cost upwards of $16,000 per cycle." MORE >>
Fortune
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Benefits in General |
[Official Guidance]
Text of DOL Proposed Regs and Comment Request: New Procedures for the Filing and Processing of Prohibited Transaction Exemption Applications (PDF)
121 pages. "This document gives notice of a proposed rule that, if adopted, would supersede the [DOL's] existing procedure governing the filing and processing of applications for administrative exemptions from the prohibited transaction provisions of [ERISA], the Internal
Revenue Code of 1986, and the Federal Employees' Retirement System Act of 1986 (FERSA)." From the DOL press
release: "The Proposed Exemption Procedure Regulation would promote the department's prompt and efficient consideration of all exemption applications by, among other things: - Clarifying the types of information and
documentation required to complete an application.
- Revising the definitions of a qualified independent fiduciary and qualified independent appraiser to ensure their independence.
- Clarifying the content of specific reports and documents applicants must submit to ensure that the department receives sufficient information to make the requisite findings under ERISA
Section 408(a) to issue an exemption.
- Updating various timing requirements to ensure clarity in the application review process.
- Specifying items that are included in the administrative record for an application and when the administrative record is available for public inspection.
- Expanding opportunities for applicants to submit
information to the department electronically."
MORE >>
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]
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Employee Benefits Jobs |
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Press Releases |
TRA Continues to Expand to Support Growth
The Retirement Advantage [TRA]
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Last Issue's Most Popular Items |
How to Shoot Yourself in the Foot with Your SPD
Verrill Dana LLP
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Health Plan Transparency and the Case for Welfare Plan Fiduciary Committees
Mintz
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How Does the No Surprises Act Impact Telemedicine Providers?
Foley & Lardner LLP
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BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587.
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