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Health & Welfare Plans Newsletter

September 28, 2022

2 New Job Opportunities 2 New Job Opportunities


[Guidance Overview]

Exceptional Usefulness and Quality icon Upcoming Deadline icon Fourth Quarter 2022 Quick Hits for Plan Sponsors and Administrators

"With the first RxDC reporting deadline of December 27, 2022, fast approaching, plan administrators should discuss RxDC reporting with their providers now to develop a compliance plan. As the CMS warns, HIOS accounts can take up to two weeks to create.... [F]irst dollar coverage for insulin will protect Health Savings Account (HSA) eligibility for those who require an insulin regimen. Employers should determine if their plan requires an amendment to implement this change.  ... [FAQs Part 54] confirm that health reimbursement arrangements, health savings accounts, and health flexible spending accounts can reimburse the costs of over-the-counter contraception that is not otherwise paid or reimbursed by a health plan or issuer. Employers should review their plans to determine if any amendments are needed to conform to the FAQs."  MORE >>

Jackson Lewis P.C.

Ninth Circuit Requires Lower Court to Consider New Evidence in LTD Suit

"[T]he Ninth Circuit determined that the district court abused its discretion by denying the employee's motion to augment the record with additional evidence to refute the insurer's rationale for denial.... The Ninth Circuit also concluded that both the insurer and the district court erroneously redefined the employee's own occupation ... The court noted that ... the insurer was nonetheless required to evaluate what the employee actually did before it determined the essential duties of her occupation." [Kay v. Hartford Life and Accident Ins. Co., No. 21-55463 (9th Cir. Sept. 21, 2022; unpub.)]  MORE >>

The Wagner Law Group

COBRA Election Notice Failure Underscores Need for Mailing Address Procedures

"In a dispute involving alleged violations of notice requirements under [COBRA], a district court addressed the respective liabilities of a self-funded health plan's third-party administrator (TPA) and its employer/plan sponsor for providing a COBRA election notice. The court concluded that the employer could not disclaim liability for providing the election notice to a plan participant at the correct address merely because it had contracted with the TPA to provide COBRA notices." [Howard v. Ivy Creek Of Tallapoosa, LLC, No. 20-0213 (M.D. Ala. Sept. 22, 2022)]  MORE >>

Thomson Reuters Practical Law

Cyber Criminals Targeting Healthcare Payments

"The FBI noted that thus far in 2022, hackers have already stolen more than $4.6 million USD from healthcare organizations by accessing customer accounts and altering payment details causing critical operational, reputational, regulatory, and legal impacts.... Within the FBI Notification are practical steps for your organization to protect against criminals targeting your organization."  MORE >>

Withum Smith+Brown, PC

The Challenge of Employer-Sponsored Health Coverage (PDF)

12 presentation slides. "60% [of employers] cite monthly costs as the single biggest challenge in offering health coverage for workers; 51% are struggling to afford it today.... 87% want to be able to help workers get insured without offering a group health plan; 64% are unaware of solutions like ICHRA that would allow them to do so.... About half (49%) [of employees] say they were only given 1-2 plan options by their employers; 58% say their employer-sponsored plan options are not well aligned with their health care needs ... 74% say they would prefer to choose their own plan based on options in their area, rather than choose from among a few selected by their employer."  MORE >>


Benefits to Offer Hybrid Employees

"There are numerous benefits and perks to offer employees in remote or hybrid workplaces, but here are six that stand out as most important to today's workforce. [1] Medical benefits ... [2] Childcare ... [3] Health & lifestyle ... [4] Training opportunities ... [5] Professional memberships ... [6] Free food."  MORE >>


Employer Travel Assistance for Abortion Services

"Employers providing travel-related abortion benefits frequently do so through an employer-sponsored health plan ... There is a reasonably strong argument that state laws that impose civil liability on employers for providing travel-related abortion benefits are preempted because they directly impact the plan and interfere with uniform plan administration as the employer would have to track the laws in multiple states and adjust benefits accordingly. ERISA does not, however, preempt a state's criminal laws of general applicability."  MORE >>

Kilpatrick Townsend


HRSA's Confusing, Out-of-Date Guidance Undermines Contraceptive Coverage and Access

"Access to certain contraceptives is already at risk due to the Dobbs decision: The HRSA and the Biden administration at-large should take all reasonable steps to ensure maximum access to the widest possible array of effective contraceptives, as was intended by the ACA."  MORE >>

Health Affairs Forefront

Benefits in General

[Official Guidance]

IRS Disaster Relief Notice AK-2022-04, for Alaska Victims of Severe Storm, Flooding, and Landslides

"Victims of Alaska severe storm, flooding and landslides occurring between September 15 and September 20, 2022, now have until February 15, 2023, to file various individual and business tax returns and make tax payments ... Individuals and households affected by severe storm, flooding and landslides that reside or have a business in the Regional Education Attendance Areas of Bering Strait, Kashunamiut, Lower Kuskokwim and Lower Yukon qualify for tax relief."  MORE >>

Internal Revenue Service [IRS]

K-12 Education Addendum: Results from the 2022 Benefits Strategy and Benchmarking Survey

"[T]he top total rewards aspects enhanced to meet recruitment and retention objectives include: [1] Base salary; [2] Medical benefits; [3] Wellbeing initiatives; [4] Leave policies; [5] Retirement options."  MORE >>


Employee Benefits Jobs

View job as Retirement Plan Consultant/Relationship Manager
            for Associated Pension Consultants

Retirement Plan Consultant/Relationship Manager

Associated Pension Consultants

Remote / Chico CA / Sacramento CA

View job as Retirement Plan Consultant/Relationship Manager for Associated Pension Consultants

View job as Senior Retirement Plan Administrator
            for Pension and Retirement Services

Senior Retirement Plan Administrator

Pension and Retirement Services

Remote / Chesterfield MO

View job as Senior Retirement Plan Administrator for Pension and Retirement Services

Press Releases

Pan-American Life Insurance Group Introduces Gap Supplemental Medical Expense Insurance

Pan American Life Insurance Group

Sue Diehl Honored with NTSA 2023 Richard Ford Volunteer Service Award

National Tax-Deferred Savings Association [NTSA]

Health-E Commerce Debunks Flexible Spending Account (FSA) Myths in Preparation for December 31 Use-It-or-Lose-It Deadline

Health-E Commerce

OneAmerica, Intellicents Collaborate on Client Offering


Last Issue's Most Popular Items

Text of CMS Announcement: 2023 Medicare Parts A & B Premiums and Deductibles, 2023 Medicare Part D Income-Related Monthly Adjustment Amounts

Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]

Employers Face Increasing -- and Conflicting -- Pressures Over Health Plan Coverage of Transgender Treatments for Minors

Ogletree Deakins

Telehealth: Here Now, Gone Tomorrow?

Akin Gump

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

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