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Health & Welfare Plans Newsletter

March 22, 2022

2 New Job Opportunities 2 New Job Opportunities


[Guidance Overview]

Congress Reopens Door for HSA with No-Deductible Telehealth, But with a Hole

"The Consolidated Appropriations Act of 2022 restores the exception for telehealth and other remote services, but only for the period from April 1 through December 31, 2022. This means that if a plan's year started at any time from January 1, 2022 through March 31, 2022, and the plan did not impose the minimum deductible for telehealth or other remote services from the start of the plan year through March 31, 2022, the plan would not be a high-deductible health plan for that period. Consequently, participants covered by the plan would be ineligible to make or receive HSA contributions for that period."  MORE >>


[Guidance Overview]

The No Surprises Act: Guidance for Health Plans and Insurers

"Recently enacted legislation has restricted surprise medical billing for health plan participants who receive services at out-of-network (OON) health provider facilities in emergency contexts. The legislation also restricts surprise medical billing for services provided by health providers at in-network facilities and includes protections involving air ambulance services. Effective beginning in 2022, the legislation imposes significant compliance requirements for group health plans and insurers."  MORE >>

Thomson Reuters

[Guidance Overview]

New Healthcare Pricing Transparency Rules Employers Should Know

"The Consolidated Appropriations Act of 2021 (CAA) rules require most employer-based group health plans and health insurance issuers to disclose up front their cost-sharing information, including deductibles, co-pays, co-insurance amounts, to individuals. The effective dates of these transparency rules will be phased in over the next three years."  MORE >>

Woodruff Sawyer, via JDSupra

[Guidance Overview]

Exceptional Usefulness and Quality icon State of the States: State-Mandated Disability Insurance and Paid Family Leave Overview (PDF)

14 pages; First Quarter 2022. "Paid Family Leave (PFL) legislation has grown in popularity, and states continue to propose, fund, and launch their own programs. Each jurisdiction's plan eases employees' financial burden when they need to take time from work to act as a caregiver, but the pressure is on for employers to keep on top of the rapidly changing landscape of laws. Every jurisdiction has adopted plans that vary in terms of length of leave, amount of payment, and funding mechanism."  MORE >>

Voya Financial

Fiduciary Duties for Health and Welfare Plans

"[U]sing plan assets to help defray the cost of ACA Reporting would violate the exclusive benefit rule.... Plan fiduciaries who fail to adequately review service providers before making selections risk paying fees that may not be considered to defray reasonable plan expenses.... Plan fiduciaries can also run afoul of this rule when ineligible individuals are allowed to knowingly participate in the plan."  MORE >>

HUB International


2022 Onsite Employee Health Clinics Forum (June 23 - 24, 2022; Chicago, IL)

Leading Strategies to Build & Expand Worksite Clinics: Reduce Medical Expenses, Ensure/Maintain a Competitive Benefits Strategy and Achieve a High-Performing & Healthy Workforce.

Sponsored by World Conference Forum

New Federal and State Health Care Legislation Trending for Employers

Article includes summaries of 5 bills pending in Congress, 7 in Wisconsin, and one in Illinois.  MORE >>

The Alliance

The Case for Hybrid Care Models

"Though the pandemic greatly accelerated the use of telehealth, use of pure-play virtual care has waned as COVID-19 cases drop off across the U.S. But telehealth is increasingly being woven into hospitals' digital roadmaps, and some are even upping their investments in the modality despite moderating visits ... That's giving hope to proponents of hybrid care models, who point to the value of meeting patients where they are to lower costs and improve outcomes."  MORE >>


Benefits in General

Professional Employer Organizations and the Transformation of Workplace Benefits

"While PEOs respond to long-standing challenges faced by smaller employers and have the potential to increase access to workplace benefits, this Article argues that they also introduce new and significant governance concerns that are not adequately addressed by the existing regulatory framework."  MORE >>

Natalya Shnitser, via SSRN

Supreme Court Will Not Resolve Circuit Split on Availability of Equitable Relief from ERISA Co-Fiduciaries

"Although some circuits have not taken a position on this issue, as it currently stands, the U.S. Courts of Appeal for the Second and Seventh Circuits allow a fiduciary to seek contribution and indemnification from co-fiduciaries under ERISA, while the Eighth and Ninth Circuits do not. [This alert examines one] case and provides key considerations for ERISA fiduciaries in its aftermath." [First Reliance Standard Life Ins. Co. v. Giorgio Armani Corp., Nos. 20-55314, 20-55581 (9th Cir. Jul. 9, 2021; cert. pet. denied Feb. 22, 2022)]  MORE >>

Holland & Knight

Employee Benefits Jobs

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The Standard


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for The Standard

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for The Standard Plan Service Manager

The Standard


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for The Standard

Press Releases

PBGC Licenses Annuity Buyout Pricing Data from BCG to Support Monitoring of Group Annuity Pricing for Us Defined Benefit Pension Plans

BCG Pension Risk Consultants | BCG Penbridge [BCG]

New Schwab Data: Virtual 401(k) Education Is on the Rise, Reaching More Workers More Efficiently Than Ever

Charles Schwab Corporation

Voya Financial Announces New Enhancements to Its 'Voya Retire' Mobile App for Plan Participants

Voya Financial

Webcasts and Conferences
(Health & Welfare Plans)

Mid-Year Election Changes: HIPAA Special Enrollment & Section 125



Regulatory and Legislative Update



Pre- and Post-65 Retiree Health Coverage

April 21, 2022 in GA

Worldwide Employee Benefits Network [WEB] - Atlanta Chapter

The Healthcare Innovation Congress (thINc360)

May 22, 2022 in MD

thinc [The Healthcare Innovation Company]

Last Issue's Most Popular Items

How to Maximize HDHPs and HSAs to Save Costs, Promote Health and Retain Talent


District Court Finds Biden Administration's Withdrawal of Independent Contractor Final Rule Was Unlawful

Jackson Lewis P.C.

Text of CMS Draft Insurance Standards Bulletin: Treatment of Recovered Cost-Sharing Reduction Amounts in the MLR Calculations (PDF)

Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]

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

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