"While federal law allows employees to donate either sick leave or vacation pay to be used as paid time off, state laws applicable to sick leave can be complicated and differ from state-to-state, and even from city/municipality-to-city/municipality.... [C]reating an employer program that may result in an employee not having sufficient sick time should only be implemented after careful consideration of the application of state and local laws."  MORE >>

"The 2023 NBPP final rule aims to protect consumers from discriminatory practices in the coverage of essential health benefits (EHB). Specifically, a benefit design that limits coverage for an EHB on a discriminatory basis under this rule must be clinically-based to be considered nondiscriminatory.... HHS's Office of Civil Rights (OCR) is developing a rule that also will address prohibited discrimination based on sex in health coverage under ACA Section 1557. HHS also removed its proposed example of presumptively discriminatory benefit design related to gender-affirming care."  MORE >>

"Income determines healthcare utilization and spending when it comes to high-deductible health plans (HDHPs), according to a [recent] study ... Employees in HDHPs earning less than $75,000 annually have lower rates of usage and spending on preventative care, while having higher rates of acute care utilization[.]"  MORE >>

"Fully 73% polled say they are willing to trade how they access care for savings of 10% to 30% on their annual health care costs. About half (47%) say they would accept requirements that they select a primary care provider (PCP) from a list and 50% say that they would accept getting a referral from their PCP before seeing a specialist. And 30% would be willing to change primary care doctors; that number is likely to grow, considering 33% of millennials don't even have a family doctor."  MORE >>

"If the Supreme Court ultimately overturns Roe, all employers should review their health plans to see what, if any, impact the applicable state laws will have.... [Employers] will need to consider many factors, including [1] the types of abortion-related benefits to be offered; [2] whether the type of health plan involved (e.g., self-funded or fully-insured) offers any strategic protections; and [3] any federal guidance the DOL and IRS may issue."  MORE >>

"Given the disagreement among district courts as to the propriety of ERISA plans' relief-limiting provisions, plan sponsors that wish to maximize the enforcement potential of their arbitration provisions should ensure that the language does not preclude relief available under ERISA, and severability provisions should authorize courts to sever only those portions of a plan that are unenforceable or contrary to law."  MORE >>

"The U.S. Chamber of Commerce opposes Title VII 'The Employee and Retiree Access to Justice Act of 2022' of HR 7780 ... Contrary to its name, by effectively prohibiting arbitration in ERISA claims and prohibiting discretionary clauses, this provision would limit recovery amounts, increase the costs of claims for benefits, and increase the time for courts to resolve claims for benefits, including time sensitive claims such as disability and severance."  MORE >>