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Health & Welfare Plans Newsletter

July 19, 2022

7 New Job Opportunities 7 New Job Opportunities

 

[Guidance Overview]

Avoiding Costly 'Employer Payment Plan' Status for Abortion Travel Benefits

"[This article discusses what might] cause a travel benefit reimbursement program to become an 'employer payment plan' in violation of the requirements of the [ACA] market reforms, and how employers might structure a benefit to avoid application of those ACA rules.... While the approaches outlined [in this article] may provide compliant methods ... [they also rely] significantly on sub-regulatory guidance from the IRS and DOL."  MORE >>

Dickinson Wright

[Guidance Overview]

Compliance Considerations for Employer Reimbursement of Abortion-Related Expenses

"Expenses related to a legal abortion qualify as a Section 213(d) medical expense.... However, many employers wish to provide abortion-related transportation/lodging/meal expenses more broadly than what qualifies as a medical expense. Employer reimbursement of non-medical abortion-related expenses will have to be reimbursed outside the HRA as taxable income to the employee."  MORE >>

Newfront

[Guidance Overview]

San Francisco's Amended Family Friendly Workplace Ordinance Adds Flexibility

"San Francisco has significantly expanded its Family Friendly Workplace Ordinance to guarantee flexible or predictable work arrangements for employees with qualifying caregiver responsibilities when the employee provides notice of their preferred arrangement, unless the employer can demonstrate an undue hardship to the employer."  MORE >>

Hunton Andrews Kurth LLP

Supreme Court: Treating All Dialysis Providers as Out-of-Network Does Not Violate Medicare

"Self-funded plans recently won a significant victory at the Supreme Court ... [when the Court] ruled that a plan that treats all outpatient dialysis providers as out of network providers and fixes a consistent reimbursement rate for outpatient dialysis does not violate the Medicare Secondary Payer Rules (MSPR). This gives plan sponsors additional flexibility in dealing with outpatient dialysis expenses." [Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., No. 20-1641 (S. Ct. Jun. 21, 2022)]  MORE >>

HUB International

Alert (High Risk Issue) icon Managing Premium Payments for Benefit Plans

"The Sixth Circuit Court of Appeals ... reversed a district court's dismissal of a claim for breach of fiduciary duty based on ERISA's 'ministerial function' exception. This holding concludes that the employer (Wal-Mart) indisputably exercised control over the Plan's assets as it handled the premium payments in question, thus acting as a fiduciary.... The language of the employer's Summary Plan Description may significantly mitigate its potential liability." [Chelf v. Prudential Ins. Co., No. 20-6097 (6th Cir. Apr. 12, 2022)]  MORE >>

ERISAPros

Companies Offering to Cover Travel for Out-of-State Abortions Will Face Daunting Patchwork of Laws

"Some companies are trying to create workarounds for employees in states with restrictive abortion laws by providing benefits that would allow them to travel out-of-state to access abortion service ... [E]mployment attorneys say those efforts will occur amid a rapidly shifting legal landscape.... [T]he growing patchwork of state restrictions can't simply be boiled down to states that ban abortion and states that don't ... Employers offering travel benefits to their employees are also at risk of being sued[.]"  MORE >>

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Employee Benefits Jobs

View job as Retirement Plan Manager
          for Fiduciary Consulting Group Retirement Plan Manager

Fiduciary Consulting Group

Remote / Murfreesboro TN

View job as Retirement Plan Manager
          for Fiduciary Consulting Group

View job as Cash Balance and 401(k) Retirement Account Administrator
          for Alerus Cash Balance and 401(k) Retirement Account Administrator

Alerus

Remote

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          for Alerus

View job as Director of Operations
          for SetAway, LLC Director of Operations

SetAway, LLC

Remote / MA / ME / NH / VT

View job as Director of Operations
          for SetAway, LLC

View job as Internal Business Development Consultant
          for SetAway LLC Internal Business Development Consultant

SetAway LLC

Remote / MA / ME / NH / VT

View job as Internal Business Development Consultant
          for SetAway LLC

View job as Relationship Management Director
          for MissionSquare Retirement Relationship Management Director

MissionSquare Retirement

Remote / FL

View job as Relationship Management Director
          for MissionSquare Retirement

View job as Retirement Plan Consultant
          for APB Retirement Retirement Plan Consultant

APB Retirement

Remote / Wexford PA

View job as Retirement Plan Consultant
          for APB Retirement

View job as Plan Implementation Consultant
          for APB Retirement Plan Implementation Consultant

APB Retirement

Remote / Wexford PA

View job as Plan Implementation Consultant
          for APB Retirement

Press Releases

401k Best Practices Relaunches 401k Business in a Box with New Access Options

401kbestpractices.com

Morgan Health Announces New Investment in Centivo

Morgan Health

Securian Financial’s Online Enrollment Process for Workplace Retirement Plans Again Earns Top Ranking in DALBAR Study

Securian Financial Group

Edelman Financial Engines Launches New Workplace Financial Wellness Platform

Edelman Financial Engines

New Study Shows Modern Trading Technology Allows Workers to Retire Two Years Sooner

Modern Markets Initiative

Webcasts and Conferences
(Health & Welfare Plans)

Deciphering the New Group Health Plan Requirements Under the CAA: Lessons Learned and Q&A

August 24, 2022 WEBCAST

Thompson Hine LLP

Last Issue's Most Popular Items

May Abortions Be Reimbursed on a Tax-Free Basis from a Health FSA, an HRA, or an HSA?

Dickinson Wright

An Early Look at What's Driving Health Plan Costs in 2023 ACA Markets

The Peterson-Kaiser Health System Tracker

Claiming Disability Benefits for Fibromyalgia

DeBofsky Sherman Casciari Reynolds P.C.

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

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