"[DOL Field Assistance Bulletin 2022-2] shed more light on when no-fault attendance policies under the FMLA cross the line and violate the law."  MORE >>

"Though the Labor Commissioner does not provide a specific calculation to use, its response indicates the calculation includes more than just 'in California' employees: ... An employee may choose which bank they wish to use. Without clear direction from an employee, an employer should assume that an employee, if eligible, is using the 'COVID positive' bank if they inform the employer that they or a family member for whom they are providing care tested positive."  MORE >>

"Just in time to avoid a federal shutdown, Congress has passed ... the Consolidated Appropriations Act, 2022 (CAA 2022) ... [which] extends HSA relief permitting high deductible health plans to provide first-dollar telehealth and other remote care services for the months of April 2022-December 2022, regardless of plan year. Those telehealth or other remote care services do not need to be preventive or related to COVID-19 to qualify for the relief."  MORE >>

"Though [one doctor] concluded that Alves was limited to sitting continuously for 30 minutes per hour and another doctor concluded that Alves needed to elevate his legs, the court found that Alves could still perform sedentary work. The court also distinguished the Social Security Administration's finding of disability." [Alves v. Hewlett-Packard Comprehensive Welfare Benefits Plan, No. 21-55476 (9th Cir. Mar. 10, 2022; unpub.)]  MORE >>

"Since arbitrators will now have to weigh additional factors more holistically, this will likely require the providers and plans/insurance carriers participating in the arbitration to submit more information for the arbitrator's consideration. It may also increase what plans/insurance carriers pay in arbitration cases, but that remains to be seen." [Texas Medical Assoc. v. HHS, No. 21-0425 (E.D. Tex. Feb. 23, 2022)]  MORE >>

"Higher-performing physicians are defined as those who keep patients healthier at lower cost. Nearly 1,600 physicians, along with 60 hospitals, are contracted for the health program by Centivo."  MORE >>

"[T]he plan sponsor must acknowledge responsibility to the auditor in writing for the administration of the plan ... [P]lan sponsors may need to spend more time preparing for and ensuring that they fully understand their responsibilities before an audit. Completion of Form 5500 also must occur earlier than in past years so that the auditor has adequate time to review it before the audit.... [T]he audit report is likely to be lengthier than in past years."  MORE >>