"[Notice 2022-28 provides that] leave-based donation payments made by an employer before January 1, 2023, to aid victims will not be treated as gross income or wages of the employees. Similarly, employees electing to forgo leave that funds the employer leave-based donation payments will not be treated as having [constructively received] gross income or wages."  MORE >>

"[T]he FMLA covers situations when an employee's mental health condition inhibits them from working. The DOL provides several examples of FMLA-triggering situations in its new Fact Sheet #280 and new Frequently Asked Questions ... [T]here are a few important principles to keep in mind when managing an employee with a mental health condition."  MORE >>

"Maryland workers will be able to apply for paid leave benefits from a state fund starting on January 1, 2025. Contributions from employees and employers are not required until October 1, 2023, and covered individuals can submit claims for benefits beginning January 1, 2025.... Delaware is now the 11th state to pass legislation that guarantees paid family and medical leave to eligible workers who take a qualified leave. Payroll contributions will begin January 1, 2025, and the state will start paying benefits on January 1, 2026."  MORE >>

"Entitled the Healthy Delaware Families Act, the new law establishes a Family Medical Leave Insurance Program which will be funded by employer and employee contributions starting January 1, 2025. Covered employees will be eligible to use up to 12 weeks of job-protected, paid family and medical leave starting on January 1, 2026."  MORE >>

"[T]he court found that LINA correctly denied Nunnelly's LTD claim because there was no medical support for his disability throughout the 26-week elimination period ... The court also found that the district court did not err in denying Nunnelly's motion to remand to LINA to consider a Social Security Disability Insurance (SSDI) award that came in February 2020, well after Nunnelly had filed a lawsuit for his benefits. " [Nunnelly v. Life Ins. Co. of North America, No. 21-12537 (11th Cir. May 24, 2022; unpub.)]  MORE >>

"[T]he employee showed that the employer closely tracked invoices for the self-insured health plan and that, even though the information was de-identified, it would not be difficult for the employer to identify individual participants since there were so few employees. The employee also demonstrated that the employer was aware that he would again need costly medical care in the future. Noting that the employee was terminated shortly before a new benefit year started, the court concluded that taken together, the evidence showed retaliation for use of benefits and specific intent to prevent future use of benefits." [Kairys v. S. Pines Trucking, Inc., No. 19-1031 (W.D. Penn. Mar. 31, 2022)]  MORE >>

13 pages. "In 2022, the cost of healthcare for a hypothetical American family of four covered by an average employer-sponsored preferred provider organization (PPO) plan is $30,260 ... Healthcare costs came roaring back with a 13.2% trend.... This rate, driven by a forecasted rebound in healthcare utilization, is higher than historical healthcare cost increases and gross domestic product (GDP) growth over the past five years."  MORE >>

"Hospital spending would decline by $3.8 billion. Prescription drug spending would decline by $3.4 billion. Spending on services provided outside of hospitals and physician offices would decline by $2.8 billion. Spending on physician practice services would decline by $1.3 billion. Florida, Georgia, North Carolina, South Carolina, and Texas would experience the largest decline in total healthcare spending, ranging from 1.3% to 1.9%."  MORE >>

21 pages. "Health insurance providers use PBMs because PBMs achieve positive results for consumers and plan sponsor clients ... Prescription drug list prices in the United States are skyrocketing, but the RFI fails to reference the stakeholders most responsible for high drug price increases -- the drug manufacturers themselves.... PBMs' negotiations for discounts are limited most by the pricing practices of drug manufacturers -- which in turn limits the savings that can be delivered to American consumers and businesses."  MORE >>