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Health & Welfare Plans Newsletter

May 18, 2022

6 New Job Opportunities 6 New Job Opportunities


[Guidance Overview]

Structuring a Bona Fide Leave Donation Policy

"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 >>

Holland & Hart LLP

[Guidance Overview]

2023 Payment Rule's Nondiscrimination Provisions and Anticipation of New Section 1557 Rules

"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 >>

Sheppard Mullin

High-Deductible Health Plans Reduce Usage of Preventative Care

"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 >>

HealthLeaders Media

Many Employees Willing to Accept Health Plan Limits to Achieve Significant Cost Savings

"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 >>

BenefitsPro; free registration required

Employee Benefits Might Still Facilitate Abortions and Choice in a Post-Roe v. Wade America

"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 >>

Michael Best

Benefits in General

Exceptional Usefulness and Quality icon Federal District Courts Disagree on Compelling Individual Arbitration of ERISA Class Action

"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 >>

Faegre Drinker, via American Bar Association

U.S. Chamber Letter to House HELP Committee Opposing The Employee and Retiree Access to Justice Act of 2022

"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 >>

U.S. Chamber of Commerce

Employee Benefits Jobs

View job as Counsel / Assistant Division Director
          for CT Office of the State Comptroller Counsel / Assistant Division Director

CT Office of the State Comptroller

Remote / Hartford CT

View job as Customer Integration Analyst II
          for The Standard Customer Integration Analyst II

The Standard

Remote / Brookfield WI

View job as Customer Integration Analyst II
          for The Standard

View job as Enrollment Systems Analyst
          for The Standard Enrollment Systems Analyst

The Standard

Remote / Brookfield WI

View job as Enrollment Systems Analyst
          for The Standard

View job as Client Relationship Manager
          for Human Interest Client Relationship Manager

Human Interest

Remote / San Francisco CA

View job as Client Relationship Manager
          for Human Interest

View job as Associate Attorney
          for Kraw Law Group Associate Attorney

Kraw Law Group

Remote / Mountain View CA

View job as Retirement Plan Consultant
          for Definiti LLC Retirement Plan Consultant

Definiti LLC


View job as Retirement Plan Consultant
          for Definiti LLC

Webcasts and Conferences
(Health & Welfare Plans)

Executive Actions to Address Prescription Drug Affordability in the U.S.

May 23, 2022 WEBCAST

Kaiser Family Foundation

Last Issue's Most Popular Items

Health Plan Considerations in the Wake of Dobbs v. Jackson Women's Health Organization

Davis & Gilbert LLP

65-Year-Old Couple Retiring Today Will Need an Average of $315,000 for Medical Expenses


Americans Dangerously Out of Touch with Retirement Healthcare Costs

401(k) Specialist

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

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