"Employers that expected the telehealth rule to be renewed retroactively to January 1, 2022, might consider whether corrective action can be taken to preserve HSA eligibility for January through March 2022, to the extent the employer continued to offer telehealth services at first-dollar coverage from January through March 2022 ... This could be done by billing participants for any telehealth visits prior to April 2022."  MORE >>

"The ACA reporting instructions provide guidance on how to address various corrections depending on the form and filing status. Timely correction of errors discovered by the employer can significantly reduce the potential ACA reporting penalty liability."  MORE >>

"The new guidelines, as approved by the HRSA, provide updates to five existing preventive services for women and will go into effect for plan years starting on or after December 30, 2022."  MORE >>

"[In] a stunningly brief unpublished memorandum, the Ninth Circuit reversed Magistrate Judge Joseph Spero's thorough and lengthy findings of facts and conclusions of law following a 10-day bench trial that United Behavioral Health (UBH) violated its ERISA fiduciary duties and wrongfully denied benefits for treatment of mental health and substance use disorders.... [T]he court found that the district court misapplied the abuse of discretion standard by substituting its interpretation of the Plans for UBH's. " [Wit, et al. v. United Behavioral Health, Nos. 20-17363, 21-15193, 20-17364, 21-15194 (9th Cir. Mar. 22, 2022; unpub.)]  MORE >>

"[T]he court noted that the employer had documented prior performance issues, suggestions to the employee to seek assistance and efforts to resolve work-related problems.... The court also rejected the employee's claim of disparate treatment.... Because the employer never abandoned the original reason for termination, the court found that the employee could not prove pretext.' [Litzsinger v. Adams County Coroner's Office, No. 21-1106 (10th Cir. Feb. 15, 2022)]  MORE >>

13 pages. "Over 14.5 million consumers selected or were automatically re-enrolled in health insurance coverage through HealthCare.gov and State-based Marketplaces during the 2022 [open enrollment period (OEP)]. Over 2.5 million more consumers signed up for coverage during the 2022 OEP compared to the 2021 OEP, a 21 percent increase."  MORE >>

12 pages. "The data displayed in this report are preliminary. Final risk adjustment data may differ and therefore result in significantly different magnitude and direction of the transfers from the data presented in this report.'

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"Technology has made it much simpler to design and implement company health plan programs by providing executives with the ability to dive into data around cost, quality and utilization, and iterate accordingly. Likewise, the old 'broker' persona is being replaced by savvy benefits 'advisors' who can bring fresh ideas to the table."  MORE >>

"[1] Employees who have a religious objection to receiving a COVID-19 vaccination must inform their employers who may seek clarification if needed.... [2] Employers should provide employees and applicants with information about requesting a religious accommodation.... [3] Objections to COVID-19 requirements that are purely based on social, political or economic views or personal preferences or other nonreligious concerns do not qualify.... [4] Employers cannot rely on speculative or hypothetical hardship.... [5] A reduction in pay or some other loss of a benefit or privilege of employment is not a reasonable accommodation if an alternative accommodation exists."  MORE >>