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Health & Welfare Plans Newsletter

July 26, 2022

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[Guidance Overview]

Michigan Court Voids State's Minimum Wage and Paid Medical Leave Acts, Creating Compliance Limbo

"Although the State of Michigan immediately filed an appeal of the court's order and a motion to stay its directive to reinstate the ballot initiatives as originally enacted, the current status of Michigan's minimum wage and paid sick leave laws remains in flux. Should the court's order ultimately be upheld, here is how the laws would change."  MORE >>

Jackson Lewis P.C.

Health Plan Can Stop Coverage to Recoup Money Without Going to Court

"An animal-wrangler's health plan can stop covering his family's medical expenses to offset its lien on a $100,000 tort settlement that his older daughter received but has long since spent, a federal appeals court held.... While [ERISA] limited MPI's right to sue the Mulls, it did not stop the plan from including out-of-court 'self-help' remedies negotiated with the employees' union, enforcing those remedies, or raising them as defenses against the Mulls' lawsuit, Circuit Judge Richard Clifton wrote for the panel." [Mull v. Motion Picture Industry Health Plan, No. 20-56315 (9th Cir. Jul. 25, 2022)]  MORE >>

Reuters; free registration may be required

Seventh Circuit Rules That Discouraging Employee from Taking Leave Can Violate FMLA Rights

"[T]he Seventh Circuit has ruled that an individual may still have a cognizable civil rights lawsuit even if his employer merely discouraged him, rather than formally denied him, from taking leave under the [FMLA].... [T]he court clarified that workers need only show that their employers interfered with their FMLA leave requests to state a viable claim for violating the statute." [Ziccarelli v. Dart, No. 19-3435 (7th Cir. Jun. 1, 2022)]  MORE >>

Hall Benefits Law

Exceptional Usefulness and Quality icon Addressing Employee Health Plan Exception Requests: Ineligible Dependents

"The main concerns are the scope of the ERISA plan precedent created by permitting ineligible dependent coverage and the insurance carrier or stop-loss provider refusing to cover claims for the ineligible dependent."  MORE >>


Alert (High Risk Issue) icon Recent OCR Settlement Proves Swift Action Can Protect PHI and Your Bottom Line

"[An Oklahoma] health center will now pay $875,000 in fines to resolve a third part breach of a web server ... which resulted in disclosure of the PHI of more than 275,000 individuals ... Had the medical center reported the breach when they were first notified in 2016, or taken steps to make their data more secure, it is likely that the consequences they faced would have been less severe.... If a breach is discovered, ... it is imperative to act quickly to prevent the escalation of the breach or harsh sanctions."  MORE >>


Empowering People to Live a Healthier Day: Innovation Using Apple Technology to Support Personal Health, Research, and Care (PDF)

59 pages. "This report offers a snapshot of [Apple's] work to advance health.... [Apple's] vision for the future is to continue to create science-based technology that equips people with even more information and acts as an intelligent guardian for their health, so they're no longer passengers on their own health journey."  MORE >>


Employee Benefits Jobs

View job as Retirement Plan Services Analyst
          for Jordan & Associates Retirement Services Retirement Plan Services Analyst

Jordan & Associates Retirement Services

Santa Rosa CA

View job as Retirement Plan Services Analyst
          for Jordan & Associates Retirement Services

Press Releases

State of North Carolina and Empower Partner to Deliver Retirement Services to State Employees

Empower Retirement

OneDigital Launches Stop Loss Center of Excellence


Webcasts and Conferences
(Health & Welfare Plans)

HSA University

September 29, 2022 WEBCAST


Last Issue's Most Popular Items

HHS Fact Sheet: 2022 Proposed Regs Under ACA Section 1557

U.S. Department of Health and Human Services [HHS]

Text of HHS Proposed Regs: Nondiscrimination in Health Programs and Activities (PDF)

U.S. Department of Health and Human Services [HHS]

Employees' Abortion Privacy in Question as Texas Targets Employer Aid

Bloomberg Law

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

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