"[E]mployers could begin to price spousal and dependent coverage at a level high enough to drive spouses and dependents to ACA marketplaces where their cost of coverage, net of federal subsidies, would be cheaper than the employer's pricing.... [It will] make more sense under this strategy to raise the price of spousal and dependent coverage for non-highly paid employees than it will to raise the price for highly paid employees, but to raise the price for the former and not the latter triggers the nondiscrimination issue. Even if federal regulators seem disinterested, due diligence lawyers for a buyer in a corporate transaction would likely take notice."  MORE >>

"[O]nly the employee's family for tax purposes would be included in determining whether coverage is affordable.... This could make assessing affordability a challenge as a dependent child's age suddenly becomes a key consideration.... [T]the rule shift is expected to complicate employer 1094/1095 reporting and raises the specter of inadvertent reporting errors that could lead to (non-mandate) reporting penalties."  MORE >>

"The proposed rules would expand PTC eligibility by basing the affordability determination on the required contribution for family coverage, rather than self-only coverage.... [T]he proposed rules would not affect an employer's liability for penalties under the ACA for failing to offer an employee affordable coverage, resulting in the employee receiving a PTC. Similarly, nothing in the proposed regulations would change an employer's liability for the employer mandate or the employer's reporting requirements on Form 1095-C."  MORE >>

"Maryland recently joined nine other states (and the District of Columbia) in providing employees in the state with a right to paid family and medical leave. Although employer contributions to the paid family and medical leave program will not begin until 2023 and employees may not apply for benefits until 2025, when the law goes into effect it will dramatically expand the leave rights available to Maryland employees because the law applies to employees and employers who are not covered by the federal [FMLA]."  MORE >>

"[This analysis uses] the KFF Employer Health Benefits Survey (EHBS) to look at the shares of workers that might pay significant amounts to enroll families and how these shares vary across firms. These are the workers most likely to benefit from a fix to the family glitch.... Workers in small firms face higher contributions for family coverage.... Workers in the service industry are more likely to face high contributions for family coverage."  MORE >>

20 pages. "Nearly 78% of organizations currently offer workplace mental health resources or plan to offer such resources in the next year.... Fewer than one- third of HR professionals (32%) claim offering mental health resources is a 'high priority' for their organization.... One-third of HR professionals say their organization hasn't thought about offering mental health resources, while 27% indicate their organization is unsure which benefits to provide."  MORE >>

"Like a traditional HRA, benefits offered under an Infertility HRA are tax-free and employer-sponsors enjoy a considerable amount of flexibility in designing the arrangement.... As part of its benefits offering, an employer may wish to go beyond expenses related to infertility care to also include reimbursements of expenses related to surrogacy or adoption. These expenses, though, are not qualified medical expenses ... [and] cannot be reimbursed with funding made available under the Infertility HRA."  MORE >>

"An ICHRA might not be a good fit for all employers, but for those considering it ... [ask] these questions first: [1] Are you getting continual increases in your health plan costs? ... [2] Are you struggling with different groups of your employee base? ... [3] Do you have remote employees?"  MORE >>

"On the one hand, narrow networks could be a good thing. If provider network restrictions make it more difficult to see low quality or high cost providers, this could result in lower premiums and no impact on patient care. However, if these provider network restrictions limit choice and quality is difficult to measures, then patients may be worse off with narrow networks."  MORE >>

"While the Green Book would not change the 409A rules themselves, the proposal would require employers to withhold the 20 percent additional income tax and additional interest tax on the NQDC included in an employee's income as a result of a 409A violation.... The Green Book includes a proposal that generally would limit pre-funding of retiree [health] benefits to the longer of [1] the working lives of the covered employees or [2] 10 years, unless the employer commits to maintaining the same level of benefits for 10 years."  MORE >>