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Health & Welfare Plans Newsletter

May 19, 2022

4 New Job Opportunities 4 New Job Opportunities


[Official Guidance]

Text of IRS Notice 2022-28: Treatment of Amounts Paid to Section 170(c) Organizations Under Employer Leave- Based Donation Programs to Aid Victims of the Further Russian Invasion of Ukraine (PDF)

"This notice provides guidance ... on the federal income and employment tax treatment of cash payments made by employers under leave-based donation programs to aid victims of the further Russian invasion of Ukraine. This guidance is similar to the guidance provided in Notice 2001-69 ... as modified and superseded by Notice 2003-1 ... regarding charitable relief following the September 11, 2001, terrorist attacks."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

Delaware Joins the Family (Paid Family-Medical Leave, That Is)

"The law creates a statewide paid family and medical leave insurance program funded through employer and employee contributions. PFML contributions will begin to be required in 2025, and covered employees will be able to access benefits in 2026."  MORE >>


[Guidance Overview]

Final Key Dates for Calendar Year 2022: Qualified Health Plan Data Submission and Certification, Rate Review, and Risk Adjustment (PDF)

Summarizes key dates for calendar year 2022 regarding activities and policies that are outlined in other documents. Updated May 18, 2022.   MORE >>

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

Employer Must Pay Laid-Off Hotel Workers $500/Week While Challenging New York City Severance Pay Mandate

"The judge ruled that New York City can continue to enforce the law against the hotel, despite its legal challenge to the law, which requires hotels to pay laid-off workers $500 per week. The court reasoned that neither [ERISA], nor the National Labor Relations Act (NLRA) preempted the law, nor did the law appear unconstitutional." [RHC Operating LLC v. City of New York, No. 21-9322 (S.D.N.Y. Mar. 30, 2022)]  MORE >>

Hall Benefits Law

District Court Blocks Enforcement of Certain ACA Section 1557 and Title VII Nondiscrimination Rules Against Christian Employers Group

"[T]he court issued a preliminary injunction enjoining HHS from interpreting or enforcing Section 1557 and its regulations against the group's present or future members in a manner that would [1] require them to provide, offer, perform, facilitate, or refer for gender transition services, or [2] prevent, restrict, or compel the group members' speech on gender identity issues. Furthermore, the EEOC is enjoined from interpreting or enforcing Title VII against the group, its insurers, or [TPAs] in a manner that would require the group's present or future members to provide insurance coverage for gender transition services." [Christian Employers Alliance v. EEOC, No. 21-195 (D.N.D. May 16, 2022)]  MORE >>

Thomson Reuters / EBIA

Small Employer Did Not Commit Itself to FMLA Leave Requirements

"he employer was fortunate that its apparently generic employee handbook only said that the employee 'may' be entitled to FMLA leave, and that a company official had told the employee that she was not entitled to FMLA leave. Otherwise, despite its size, the employer, through its words and actions could have unintentionally bound itself to the FMLA requirements." [Jones v. Wireless Time of Alabama LLC, No. 20-0613 (S.D. Ala. Feb. 10, 2022)]  MORE >>

The Wagner Law Group

Plaintiffs' Bar Shows Renewed Interest in COBRA Notice Litigation

"Class action cases filed against high-visibility defendants in Georgia, Michigan, Florida, and elsewhere allege the companies violated federal law when they sent purportedly inaccurate, threatening, or confusing notices of former employees' rights to elect to continue medical-insurance coverage after their employment ended."  MORE >>

Jackson Lewis P.C.

Fifth Circuit Stays Proceedings in Case Vacating Portions of No Surprises Act's IDR Regs

"As we wait for future IDR rulemaking, ... the agencies have already revised their IDR process guides in response to the trial court's decision and announced that the IDR Portal is open. Thus, notwithstanding the uncertainty created by the court's decision, the IDR process is 'live.' Plans will need to be prepared for the short and strict timelines and other aspects of the IDR process recently highlighted in FAQ guidance[.]" [Texas Medical Assoc. v. HHS, No. 21-0425 (E.D. Tex. Feb. 23, 2022; on appeal to 5th Cir. No. 22-40264; stay granted May 3, 2022)]  MORE >>

Thomson Reuters / EBIA

Is Financial Wellness the Prescription for a Culture of Mental Health?

"[E]mployees aren't the only ones to feel the sting from financial stress. The impact to employers may take the shape of productivity decline, higher employment costs, delayed retirement, etc.... [A] tailored financial wellness program can offer employees a clear path to finding a healthy balance of living for today and feeling confident about the future while working to help employers create a more productive workplace."  MORE >>


The Risks and Rewards of Substance Abuse Benefits

"About 60 percent of Americans diagnosed with substance use disorder are working .... But while there are certainly many rewards to be gained by offering employee benefits that address substance abuse, there are also some potential risks.... [1] Offer an array of options ... [2] Provide easy access ... [3] Encourage leaders to lead the charge ... [4] Protect privacy and confidentiality."  MORE >>

Society for Human Resource Management [SHRM]; membership may be required to view article

Washington State Moves to Expand Health Insurance for All Residents

"The Washington Health Benefit Exchange ... submitted a waiver application that, if approved, allows states to bypass or change some [ACA] requirements. If the federal government greenlights the waiver in the coming months, thousands more Washingtonians will be eligible for new health and dental benefits starting in 2024 ... [T]he state could become one of the first in the country to offer comprehensive benefits regardless of immigration status."  MORE >>

Employee Benefits Jobs

View job as Retirement Plan Administrator
          for Hessel & Associates, LLC Retirement Plan Administrator

Hessel & Associates, LLC

Remote / IL

View job as Retirement Plan Administrator
          for Hessel & Associates, LLC

View job as Director- Employee Health Plan
          for Indiana University Health Director- Employee Health Plan

Indiana University Health

Indianapolis IN

View job as Director- Employee Health Plan
          for Indiana University Health

View job as Retirement Plan Account Manager
          for Rapidly Growing Client-Centric Firm Retirement Plan Account Manager

Rapidly Growing Client-Centric Firm


View job as Benefits Services Manager
          for The City University of New York Benefits Services Manager

The City University of New York

Remote / New York NY

Press Releases

IMA Wealth Launches State-of-the-Art Retirement Plan Solution

IMA Financial Group

Securian Financial Selected as Recordkeeper for Strategic Retirement Partner’s WELLthBUILDER Pooled Employer Plan

Securian Financial Group

IRI Honors Global Atlantic's Paula Nelson as Champion of Retirement Security

Insured Retirement Institute [IRI]

Webcasts and Conferences
(Health & Welfare Plans)

Paid Leave Legislative Update with Dillon Clair of The ERISA Industry Committee (ERIC)

May 18, 2022 WEBCAST

Seyfarth Shaw LLP

Employee Benefit Impacts of Potential Restrictions on Abortion, Contraceptive and Prenatal Services


Seyfarth Shaw LLP

New Healthcare Price Transparency Regs: Crystal Clear, or Clear as Mud?

September 14, 2022 WEBCAST

Conference of Consulting Actuaries

Last Issue's Most Popular Items

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

Michael Best

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

Sheppard Mullin

High-Deductible Health Plans Reduce Usage of Preventative Care

HealthLeaders Media

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

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