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Health & Welfare Plans Newsletter

June 7, 2022

3 New Job Opportunities 3 New Job Opportunities


[Guidance Overview]

New Guidance from DOL on FMLA Leave for Mental Health Conditions

"In the Guidance, the [DOL] explains that a mental health condition can constitute a 'serious health condition' under the FMLA when the condition requires either [1] inpatient care or [2] continuing treatment by a health care provider.... The Guidance also clarifies that that a parent may use FMLA leave to care for a child that is 18 years old or older if the child is incapable of self-care and the mental health condition qualifies as a disability under the Americans with Disabilities Act (ADA)."  MORE >>

Bond, Schoeneck & King

[Guidance Overview]

ACA PCORI Fee Increases to $2.79 for 2021 Calendar Year Plans

"The PCORI fee generally applies only to major medical plans and health reimbursement arrangements (HRAs).... The PCORI fee does not apply to dental and vision coverage that are excepted benefits ... The PCORI fee also does not apply to health FSAs (which must be an excepted benefit to comply with the ACA) or HSAs (which are not a group health plan)."  MORE >>


[Guidance Overview]

Upcoming Deadline icon The New Mexico Healthy Workplaces Act: What You Need to Know Before July 1, 2022

"While the [Health Workplaces Act (HWA)] affords employers the option to frontload or accrue ESL, an employer opting for the ease of frontloading must provide all employees (full-time, part-time, temporary and seasonal) with the full allotment of 64 hours on July 1, 2022. Further, any leave that an employer provided to its employees since Jan. 1, 2022, under an existing PTO or paid sick leave does not satisfy the HWA even if it was used for a purpose covered by the Act or if it remains unused."  MORE >>


Seventh Circuit Decision Reminds Employers Not to Discourage FMLA Leave

"[The court] clarified that the FMLA 'does not require an actual denial of FMLA benefits' for a violation of the FMLA to occur. Instead, an employer violates an employee's FMLA rights when it denies, interferes with, or restrains the employee's exercise or attempt to exercise such rights." [Zicarelli v. Dart, No. 19-3435 (7th Cir. Jun. 1, 2022)]  MORE >>

Foley & Lardner LLP

Employers: Warn Your Managers to Stop Saying Stupid Stuff in Response to an Employee's Request for FMLA Leave!

"[T]rain your managers on how to effectively and lawfully manage leaves of absence ... Included in this training, of course, should be a stern warning against any stray comments about an employee's medical leave, including any whiff of comments that an employee would be disciplined for using FMLA leave in the future. Investing a couple hundred bucks now to conduct effective FMLA training will literally save you hundreds of thousands when the real life situation presents itself." [Zicarelli v. Dart, No. 19-3435 (7th Cir. Jun. 1, 2022)]  MORE >>

FMLA Insights

Health FSAs: Things Employers May Not Know

"[1] Employers can choose a lower limit than max ... [2] Employers can contribute to employees' Health FSAs ... [3] Employers can limit the risk of forfeiture ... [4] Employers determine the plan year ... [5] Employers choose what to do with forfeited balances."  MORE >>


How to Maximize Your Wellness Incentive Dollar Investment

"Employers should be rethinking how wellness incentives can drive health outcomes rather than simple participation. Creating this bond require a skillful translation of health behavior theory to application and a defined wellness strategy."  MORE >>

Corporate Synergies

Majority of Americans with Health Insurance Coverage Say They Found It Easy to Get Mental Health Care

"[N]early all respondents who sought mental health care for themselves or someone within their household over the past 2 years received treatment, and 3 in 4 insured Americans (73%) found it easy to get the care they needed. More than two-thirds of respondents were able to find an appointment with a provider in less than a month."  MORE >>

America's Health Insurance Plans [AHIP]


American Benefits Council Comment Letter to IRS on Proposed Regs for Affordability of Employer Coverage for Family Members of Employees

"[T]he proposed regulations do not appear to impact, or result in any changes to, the employer mandate or employer reporting obligations, in that the regulations impact only the affordability determination for dependents, rather than employees. [The Council urges] Treasury and the IRS, in finalizing the regulations, to be very deliberate in avoiding any impacts or changes under those provisions and to state explicitly in the preamble that the regulations are not intended to, and do not impact, the employer mandate or employer reporting provisions."  MORE >>

American Benefits Council


American Benefits Council Recommendation for IRS 2022-2023 Priority Guidance Plan

"[The Council is] writing to request that Treasury and the IRS publish official guidance affirming that the 100% excise tax under Internal Revenue Code Section 4976 does not apply to an employer's reallocation or repurposing of surplus welfare benefit fund assets to provide other health and welfare benefits to employees."  MORE >>

American Benefits Council

Employee Benefits Jobs

View job as Senior Manager Research Analyst
          for RVK, Inc. Senior Manager Research Analyst

RVK, Inc.

Remote / ID / IL / NY / OR

View job as Senior Manager Research Analyst
          for RVK, Inc.

View job as Pension Compliance Administrator
          for Associated Pension Consultants Pension Compliance Administrator

Associated Pension Consultants


View job as Pension Compliance Administrator
          for Associated Pension Consultants

View job as Implementation Project Specialist for Non-Qualified Retirement Plans
          for Newport Implementation Project Specialist for Non-Qualified Retirement Plans


Remote / Walnut Creek CA

View job as Implementation Project Specialist for Non-Qualified Retirement Plans
          for Newport

Press Releases

HUB International Expands Retirement and Wealth Advisory Services with Acquisition of the Assets of CSi Advisory Services, LLC in Indiana

HUB International

Webcasts and Conferences
(Health & Welfare Plans)

Summary Plan Descriptions (SPDs): Do’s and Don’ts


Seyfarth Shaw LLP

Mergers and Acquisitions for H&W Employee Benefit Plans

June 14, 2022 WEBCAST


DOL Investigations: A Look From the Inside

June 16, 2022 WEBCAST

Frost Brown Todd LLC

Last Issue's Most Popular Items

Latest in 'No Surprises Act' Litigation and New Guidance

Health Affairs

Connecticut Employers Must Comply with State FMLA and Paid Leave Act Notice Requirements by July 1, 2022

Seyfarth Shaw LLP

Court Rules Plans' Civil Action Filing Deadlines Not Enforceable

Willis Towers Watson

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

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