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Health & Welfare Plans Newsletter

July 11, 2022

6 New Job Opportunities 6 New Job Opportunities


[Guidance Overview]

EEOC Conciliation Agreement Highlights Employer Compliance Obligations Under GINA Regarding COVID-19 Policies

"Consistent with its Technical Assistance, the EEOC determined that [a Florida employer] violated GINA by requesting its employees to disclose information about the COVID-19 testing of employees' family members. The EEOC concluded that seeking such testing results constituted impermissible medical questions about the 'manifestation of a disease or disorder of an individual's family members.' The EEOC's investigation apparently did not reveal that [the employer] had otherwise discriminated against its employees on the basis of any genetic information which had been collected. But ... an employer engages in unlawful conduct merely by impermissibly requesting such information."  MORE >>

Poyner Spruill LLP

[Guidance Overview]

Delaware Enacts Paid Family and Medical Leave Law

"The Healthy Delaware Families Act ... creates a paid family and medical leave (PFML) insurance program, with contributions starting Jan. 1, 2025. Beginning in 2026, covered employees may take up to 12 weeks of parental leave and up to six weeks of leave for medical needs, family caregiving or military qualifying exigencies. The program will provide up to 80% of average weekly wages ... Employers may obtain approval for equivalent private plans."  MORE >>


Exceptional Usefulness and Quality icon Key Considerations for Employer-Sponsored Benefits Following the Dobbs Decision

"To the extent an employer wants to provide benefits more broadly to all employees (and not just those enrolled in its group health plan), this can create some additional considerations, particularly around ERISA, COBRA, HIPAA, and ACA compliance. One potential option to retain the benefits of ERISA preemption and expand the group of eligible employees would be to offer the medical travel reimbursement through an employee assistance program (EAP)."  MORE >>

Hunton Andrews Kurth LLP

FTC Policy Statement Puts PBMs on Notice of Further Scrutiny

"[T]he FTC's issuance of a policy statement on the heels of its announced inquiry of the six biggest PBMs signals an aggressive approach in targeting the prescription drug market.... PBMs should take note that the policy statement appears to challenge the PBM industry to demonstrate that rebate savings are sufficiently passed through to payers and patients and that fees are justifiable for legitimate services."  MORE >>

Faegre Drinker

Florida Governor Takes Actions to Lower Price of Prescription Drugs

"Calling for more 'transparency' in prescription-drug costs, Gov. Ron DeSantis on Friday issued an executive order designed to increase scrutiny of pharmacy benefit managers. The executive order, in part, will require audits of pharmacy benefit managers that provide services in the state's Medicaid managed-care program and the state-employee health insurance program."  MORE >>

CBS MoneyWatch

The Value of Pharmacy Benefit Management

"This paper provides a quantitative model consistent with the theory and evidence in which pharmacy benefit management on behalf of insurance plans serves these and other purposes in both monopoly and oligopoly provider settings. Calibrating the model to the U.S. market ... pharmacy benefit management is worth at least $145 billion annually beyond its resource costs. PBM services add at least $192 billion annually in value to society compared to a manufacturer price-control regime. Requiring all PBM services to be self-provided by plan sponsors would forgo about 40 percent of the net value of PBM services largely by increasing management costs."  MORE >>

National Bureau of Economic Research [NBER]; purchase required for full document

California Introduces Paid Family Leave Grant for Small Employers

"Businesses with employees using PFL may have increased costs such as cross-training existing staff and hiring and training new and/or temporary employees to cover for employees on leave.... To assist with these issues, the California Employment Training Panel and California Labor and Workforce Development Agency funded a grant program for small employers."  MORE >>

Jackson Lewis

Employee Benefits Jobs

View job as Account Manager
          for MAP Retirement USA, LLC Account Manager

MAP Retirement USA, LLC


View job as Account Manager
          for MAP Retirement USA, LLC

View job as New Business Coordinator
          for MAP Retirement New Business Coordinator

MAP Retirement


View job as New Business Coordinator
          for MAP Retirement

View job as Compliance Analyst - Defined Contribution Plans
          for M2B Retirement Consulting LLC Compliance Analyst - Defined Contribution Plans

M2B Retirement Consulting LLC

Remote / PA

View job as Compliance Analyst - Defined Contribution Plans
          for M2B Retirement Consulting LLC

View job as Relationship Manager
          for Compass Retirement Consulting Group, Inc. Relationship Manager

Compass Retirement Consulting Group, Inc.

Remote / Stratham NH

View job as Relationship Manager
          for Compass Retirement Consulting Group, Inc.

View job as Operations Specialist
          for Pentegra Operations Specialist


Remote / West Harrison NY

View job as Operations Specialist
          for Pentegra

View job as Benefits Compliance Counsel
          for Gallagher Benefits Compliance Counsel


Remote / AR / AZ / CA / CO / ID / NV / OR / UT / WA

View job as Benefits Compliance Counsel
          for Gallagher

Webcasts and Conferences
(Health & Welfare Plans)

Employer Sponsored Health Plans After Dobbs

July 14, 2022 WEBCAST

Boutwell Fay LLP

Overturning Roe v. Wade: Impact on Employee Benefit Plans and Next Steps for Plan Sponsors and Administrators

September 7, 2022 WEBCAST


Last Issue's Most Popular Items

Issue Spotting for Health Plans After Dobbs: More Questions Than Answers

Spencer Fane

Seventh Circuit Clarifies Employer Liability for Interference with FMLA Rights

Smith, Gambrell & Russell, LLP

Lawsuit Claims UnitedHealth Underpaid for Telehealth

Reuters; free registration may be required

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

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