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Health & Welfare Plans Newsletter

October 5, 2022

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[Guidance Overview]

COVID-19 Relief Provisions Expire in 2023 for Flexible Spending Accounts

"The Consolidated Appropriations Act (CAA) (and other IRS guidance) that extended the grace period and enhanced carryover provisions for Health FSAs (HFSA) and Dependent Care FSAs (DCFSA) will not extend into 2023. Plan sponsors must follow the terms of their plan document provisions that were in effect before the COVID-19 relief was enacted.... [T]he Outbreak period is still in place; it was extended through 2/28/2023 and can be extended again by the President at that time. This generally means that individuals have an additional year to meet certain deadlines."  MORE >>


[Guidance Overview]

2023 Changes for State Paid Family and Medical Leave: Colorado, Oregon, New York, and More

"Oregon Paid Family and Medical Leave Insurance (FAMLI) program: contributions begin 1/1/23 ... Colorado Paid Family and Medical Leave Insurance program: contributions begin 1/1/23 ... Paid family and medical leave updates for other states."  MORE >>


[Guidance Overview]

States, Cities Tackle COVID-19 Paid Leave (PDF)

72 pages; rev. Oct, 4, 2022. The latest update covers California"s extension of the COVID-19 supplemental paid sick leave (SPSL) mandate through year-end and the creation of a small business grant program to offset SPSL costs.  MORE >>


Texas District Court Vacates HHS Guidance on Mandatory Coverage of Gender Dysphoria Treatments Under ACA Section 1557

"In litigation under Section 1557 of the [ACA], a Texas district court vacated [HHS] guidance addressing gender affirming care for minors on the grounds that the guidance was arbitrary and capricious and violated the Administrative Procedure Act.... For employer-sponsored health plans, the Texas district court's ruling is but the latest development in an increasingly challenging legal landscape involving coverage of gender dysphoria treatments." [Texas v. EEOC, No. 21-0194 (N.D. Tex. Oct. 1, 2022)]  MORE >>

Thomson Reuters Practical Law

Navigating Open Enrollment Notice Requirements

"Notice and disclosure obligations for health and welfare plans have become increasingly complex, with some information being required at initial enrollment and others required annually. Although insurers and third-party administrators may prepare or distribute these notices, ultimately the responsibility for compliance often rests with the plan sponsor or plan administrator."  MORE >>

Faegre Drinker

Union Chief Slams ‘Remarkably High’ Increase in Health Care Premiums for Federal Employees

"Insurance premiums for the Federal Employee Health Benefits Program will jump an average of 8.7% in 2023, the largest increase in more than a decade.... [OPM] officials cited the increased use of healthcare services as the reason for the higher costs.... Everett Kelly, president of the American Federation of Government Employees, strongly condemned the projected cost increases, noting they could exacerbate 'widespread staffing crises.' "  MORE >>

Government Executive

When to Provide Domestic Partner Benefits

"Domestic partners are entitled to the same employer-provided benefits as spouses only if the benefit is subject to state law and the state law recognizes domestic partnerships. This happens most commonly with insured group health plans ... ERISA does not preempt state insurance laws."  MORE >>

Holland & Hart LLP

Captive Insurance for Hospitality Businesses

"With more hospitality employers offering benefits to employees as a recruitment and retention incentive, organizations are taking a hard look at the options available. Captive insurance can be an ideal solution for medical benefits, offering hotels, resorts and restaurant chains the opportunity to control medical and pharmaceutical costs and design a more customized health plan."  MORE >>

HUB International


One State Slashed Public Employee Insurance Painlessly. So Can West Virginia.

"West Virginia public employees could see double-digit percentage rate hikes in their insurance over the next few years. To many this is just the result of an aging population. But it is also caused by a broken system that lets powerful interests in the healthcare industry just keep raising prices to boost profits, with almost zero pushback or oversight.... But there are actually plenty of steps [the Public Employee Insurance Agency (PEIA)] could take to close this deficit quickly, without affecting quality of care."  MORE >>

Validation Institute

Benefits in General

[Official Guidance]

Text of IRS Publication 1220 Specifications for Electronic Filing of Forms 1097, 1098, 1099, 3921, 3922, 5498, and W-2G, for Tax Year 2022 (PDF)

152 pages. "The purpose of this publication is to provide the specifications for filing of Forms 1097, 1098, 1099, 3921, 3922, 5498, and W-2G electronically with the IRS including the requirements and specifications for electronic filing under the Combined Federal/State Filing (CF/SF) Program. Additionally, this publication provides specifications to submit an automatic 30-day extension of time to file certain information returns ... Beginning in September 2022, FIRE Transmitter Control Code (TCC) holders who submitted their TCC Application prior to September 26, 2021, will need to submit and complete the IR-TCC Application.... Your TCC will remain active for use until August 1, 2023, after that date, any FIRE TCC that does not have a completed IR-TCC Application will be dropped and will not be available for e-file."  MORE >>

Internal Revenue Service [IRS]

Employee Benefits Jobs

View job as Employee Benefits & Executive Compensation Attorney (Counsel or Attorney)
            for Thompson Hine, LLP

Employee Benefits & Executive Compensation Attorney (Counsel or Attorney)

Thompson Hine, LLP

Chicago IL / Atlanta GA / Cleveland OH / Cincinnati OH / Columbus OH / Miamisburg OH / DC

View job as Employee Benefits & Executive Compensation Attorney (Counsel or Attorney) for Thompson Hine, LLP

Press Releases

Groom Law Group Expands Health Practice With New Principal Xavier Baker

Groom Law Group

Deborah Levy Joins Newfront Employee Benefits Team


America's Leading 401(k) Providers & Retirement Clearinghouse Collaborate to Implement a Nationwide Network for Auto Portability


Webcasts and Conferences
(Health & Welfare Plans)

HSAs and Medicare

November 15, 2022 WEBCAST


Last Issue's Most Popular Items

HHS, Treasury and Labor Issue More Guidance on the No Surprises Act


House Passes ERISA Bill to End Arbitration and Require De Novo Review of Benefit Claims

Faegre Drinker

Getting a Handle on the New Transparency Requirements


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

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