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Health & Welfare Plans Newsletter

August 9, 2022

2 New Job Opportunities 2 New Job Opportunities


[Guidance Overview]

CRS Report: Health Savings Accounts (HSAs)

"A health savings account (HSA) is a tax-advantaged account that individuals can use to save and pay for unreimbursed medical expenses (e.g., deductibles, co-payments, coinsurance, and services not covered by insurance). Although eligibility to contribute to an HSA is associated with enrollment in a high-deductible health plan (HDHP), an HSA is a trust/custodial account and is not health insurance." [R45277 Aug. 8, 2022]  MORE >>

Congressional Research Service [CRS]

[Guidance Overview]

San Francisco Releases Health Care Expenditure Rates for 2023

"San Francisco has posted the 2023 Health Care Expenditure (HCE) rates under the Health Care Security Ordinance (HCSO) rules. The HCSO applies to all employers that must obtain a San Francisco business registration certificate and have at least 20 employees in any location if at least one works in the city and county of San Francisco....  HCSO expenditure requirements do not currently apply to employees telecommuting outside of San Francisco."  MORE >>


Ninth Circuit Holds California Paid Sick Leave Does Not Apply to Rail Workers

"The 9th Circuit stated that the [Railroad Unemployment Insurance Act (RUIA)] contains an express preemption provision disallowing railroad employees from having any right to sickness benefits under a sickness law of any State. Given that the Act provides sickness benefits, the Act falls within the express terms of the RUIA preemption." [National Railroad Passenger Corp. v. Su, No. 21-15816 (9th Cir. Jul. 26, 2022)]  MORE >>

Jackson Lewis

Watch That Frown: Mere Discouragement Enough to Violate the FMLA

"The [Seventh Circuit] emphasized that 'an employer can violate the FMLA by discouraging an employee from exercising rights under the FMLA without denying an FMLA leave request.' ... [One district court] considered a supervisor's body language (he was 'visibly perturbed') in denying summary judgment on an FMLA claim. Now more than ever, training managers on appropriate responses to FMLA leave requests is essential to prevent interference claims."  MORE >>


Managing State Law Risks of Employer-Sponsored Abortion-Related Travel Benefits After Dobbs

"[W]ith Dobbs, the judicial process has taken on a political gloss. To what extent can any precedent now be relied on? Employers need to take this new 'political' risk into account as the weigh their plan design options. This calculus extends to directors, officers, and LLC managers, who might be targeted personally."  MORE >>


Health Insurance 'Knowledge Gap' Is Wide as Open Enrollment Approaches

"Confusion remains high around key terms such as 'deductible' and 'co-pay,' while the workings of health savings accounts (HSAs) and flexible spending accounts (FSAs) are often a mystery."  MORE >>

Society for Human Resource Management [SHRM]; membership may be required to view article

Will the Inflation Reduction Act Cause Increased Drug Prices for Employer-Sponsored Plans?

"Employers that offer health coverage for workers fear Medicare drug price reduction provisions in ... the Inflation Reduction Act would lead to drugmakers shifting bigger price increases onto commercial plans in order to make up for lost revenue.... That's on top of missing out on hundreds of billions of dollars in potential savings after the Senate rules arbiter found that private insurers couldn't benefit from the price caps and rebate provision in the plan."  MORE >>

Bloomberg Law

Employee Benefits Jobs

View job as Senior Consultant
          for Pentegra Senior Consultant


Remote / Putnam Valley NY

View job as Senior Consultant
          for Pentegra

View job as Retirement Plan Administrator
          for Hicks Pension Services Retirement Plan Administrator

Hicks Pension Services


View job as Retirement Plan Administrator
          for Hicks Pension Services

Press Releases

Agilis Completes Spin-Off from River and Mercantile


CareerSource Central Florida Unites with Local Businesses Offering Workforce Solutions to Help Individuals During Opioid Recovery

CareerSource Central Florida

Nava Benefits Acquires Innovative Boutique Benefits Firm to Further Strengthen Its Tri-State Presence

Nava Benefits

Webcasts and Conferences
(Health & Welfare Plans)

Understanding the Health Care Provisions in the Inflation Reduction Act

August 11, 2022 WEBCAST

Kaiser Family Foundation

CEOs on the Fiduciary Hook: New Legal Obligations on Health Plans -- What You Need to Know Now That the Law Has Changed

August 16, 2022 WEBCAST

Chief Executive

CEOs on the Fiduciary Hook: New Legal Obligations on Health Plans -- What You Need to Know Now That the Law Has Changed

August 16, 2022 WEBCAST

Chief Executive

Tricky FMLA Scenarios

August 25, 2022 WEBCAST

Fisher Phillips

What Employers Need to Know About Oregon’s Paid Family Medical Leave

September 7, 2022 in OR

Ogletree Deakins

Shift From Mandated PFML Programs: What You Need To Know

October 25, 2022 WEBCAST

Disability Management Employer Coalition [DMEC]

Last Issue's Most Popular Items

Navigating Mental Health Parity Requirements for Travel Benefits

Dickinson Wright

HHS Proposes Regs Expanding ACA Non-Discrimination Testing

Willis Towers Watson

HHS Proposes Rule Strengthening Section 1557 Protections Against Nondiscrimination in Health Activities


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

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