logo logo

Health & Welfare Plans Newsletter

June 16, 2022

5 New Job Opportunities 5 New Job Opportunities


[Guidance Overview]

OCR Issues HIPAA Guidance on Audio-Only Telehealth; Requests Information on 'Recognized Security Practices'

"The COVID-19 pandemic has intensified interest in telehealth services among health care providers and health plans. Telehealth raises numerous legal issues, and OCR's proactive approach to HIPAA guidance has provided welcome clarity to providers and plans."  MORE >>

Thomson Reuters / EBIA

[Guidance Overview]

Illinois Updates Bereavement Leave and Employee Sick Leave Laws

"Illinois Governor J.B. Pritzker recently signed into law two bills addressing employee leave. The Family Bereavement Leave Act (FBLA) provides eligible employees with unpaid time off to grieve the death of a family member covered by the act, and it provides employees with time off due to certain pregnancy- or adoption-related events. A recently enacted amendment to the Employee Sick Leave Act (ESLA) sets minimum standards in a negotiated collective bargaining agreement."  MORE >>

Ogletree Deakins

Administration Signals Priority of Mental Health Parity Enforcement under Fiscal 2023 Budget

"The proposed budget reflects a substantial and sustained commitment to ramp up enforcement efforts, with specific funding for MHPAEA audit activity, including $275 million for the [DOL] over a 10-year period and $125 million for state grants to support their MHPAEA enforcement efforts."  MORE >>


Alert (High Risk Issue) icon Second Circuit: Insurer's Failure to Meet Deadline for Final Benefit Determination Excused Claimant from Exhaustion Requirement

"ERISA claims administrators and courts often hold plan participants and beneficiaries strictly to time limits and other plan-imposed or regulatory requirements and cut off their rights when they fail to meet these requirements. In this decision, the Second Circuit rules that insurance companies and other claims administrators must likewise meet regulatory time limits or suffer the consequences of their failure to do so." [McQuillin v. Hartford Life and Accident Ins. Co., No. 21-1514 (2d Cir. Jun. 7, 2022)]  MORE >>

Kantor & Kantor

Alert (High Risk Issue) icon Seventh Circuit: Employer's Discouragement of FMLA Leave Constituted Unlawful Interference

"[T]he Seventh Circuit reversed, holding that a manager's threat of discipline for taking leave would be unlawful interference with FMLA rights even if the leave were not actually denied.... The court explained that an employer will be found to unlawfully impede access when an employee suffers harm from the employer's action, and this harm can result from an actual denial of leave or discouragement of taking it." [Zicarelli v. Dart, No. 19-3435 (7th Cir. Jun. 1, 2022)]  MORE >>

Reinhart Boerner Van Deuren s.c.

TPA's Administrative Activities and Handling of Plan-Related Funds Did Not Make It a Plan Fiduciary

"The Hi-Lex decision likely made many TPAs uneasy, so they will appreciate that this court has called the Sixth Circuit's reasoning into question. Plans and TPAs will want to keep an eye on this case. The plan has appealed to the First Circuit, which may reach a different conclusion, potentially leading to a circuit split and consideration of the issue by the U.S. Supreme Court.' [Mass. Laborers" Health and Welfare Fund v. Blue Cross Blue Shield of Mass., No. 21-10523 (D. Mass. Mar. 30, 2022)]  MORE >>

Thomson Reuters / EBIA

Supreme Court: CMS Veered Out of Bounds When It Lowered Drug Reimbursements to 340B Program Hospitals

"In a 9-0 ruling, the Supreme Court said CMS didn't have the authority to lower drug reimbursement rates for 340B hospitals as it did in 2018 and 2019. CMS still may be able to reduce the reimbursement rate in future years if it follows certain procedures. Questions surround the pending determination of the remedy owed to hospitals after Wednesday's ruling." [American Hospital Association v. Becerra, No. 20-1114 (S. Ct. Jun. 15, 2022)]  MORE >>

Healthcare Financial Management Association [HFMA]; free registration required

Supreme Court Sides with 340B Program Hospitals in $1.6 Billion Medicare Drug Payment Ruling

"While the Court's decision did not address the merits of 'discriminating against' the 340B Program hospitals, the decision seems to suggest that CMS could have made such adjustments had it complied with the statutory survey requirement. This suggests that the 2020, 2021, and 2022 payment reductions, done in accordance with hospital survey data, may still hold." [American Hospital Association v. Becerra, No. 20-1114 (S. Ct. Jun. 15, 2022)]  MORE >>

Quarles & Brady LLP

Employee Benefits Jobs

View job as DC Plan Administrator
          for Retirement, LLC DC Plan Administrator

Retirement, LLC

Remote / Oklahoma City OK

View job as DC Plan Administrator
          for Retirement, LLC

View job as Senior Plan Consultant
          for Sentinel Benefits & Financial Group Senior Plan Consultant

Sentinel Benefits & Financial Group

Remote / Wakefield MA

View job as Senior Plan Consultant
          for Sentinel Benefits & Financial Group

View job as Defined Benefit Plan Consultant
          for Sentinel Benefits & Financial Group Defined Benefit Plan Consultant

Sentinel Benefits & Financial Group

Remote / Wakefield MA / Melville NY / Bingham Farms MI

View job as Defined Benefit Plan Consultant
          for Sentinel Benefits & Financial Group

View job as Senior Benefit Manager - Pensions
          for CBIZ Senior Benefit Manager - Pensions



View job as Senior Benefit Manager - Pensions
          for CBIZ

View job as Account Manager
          for The Standard Account Manager

The Standard

Remote / MN / PA / TX

View job as Account Manager
          for The Standard

Press Releases

The ERISA Industry Committee Promotes James Gelfand to President and Kathleen Carr-Smith to Chief Operating Officer

ERIC [ERISA Industry Committee]

Edelman Financial Engines Launches New 401(k) Plan Retirement Income Solution

Edelman Financial Engines

SEC Charges Firm and Five Brokers with Violations of Reg BI

Securities and Exchange Commission [SEC]

Webcasts and Conferences
(Health & Welfare Plans)

Post-Roe v. Wade: Impact on Employee Benefit Plans



Preparing for the Upcoming Oregon and Colorado PFML programs

September 21, 2022 WEBCAST

Disability Management Employer Coalition [DMEC]

Last Issue's Most Popular Items

When Will the Pandemic Be Over for Employer Health Plans?

Foley & Lardner LLP

Group Health Plan Considerations in the Face of Potential Changes to Abortion Laws

Jackson Lewis P.C.

Preparing for Enforcement of the ACA Employer Mandate

HUB International

Unsubscribe  |   Change Email Address

Search Past Issues   |   Privacy Policy

Submit an Article   |   Contact Us   |   Advertise Here

Copyright 2021, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.

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

Links to web sites other than and are offered as a service to our readers. We are not involved in their production and are not responsible for their content.