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Health & Welfare Plans Newsletter

November 29, 2022

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[Official Guidance]

Text of HHS Proposed Regs: Confidentiality of Substance Use Disorder Patient Records

260 pages. "This NPRM contains proposals to implement the CARES Act provisions relating to health information privacy; the Department intends to develop a separate rulemaking to implement the CARES Act antidiscrimination prohibitions."  MORE >>

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

[Guidance Overview]

Proposed Changes to Substance Abuse Confidentiality Rules Could Create New Burdens for Employers and Health Plans

"In addition to obvious implications for health care providers and health plans, the proposed changes are likely to impact both the confidentiality requirements for employer-sponsored and other health benefit programs, as well as the ability and responsibilities of businesses seeking to access or use information about prior substance use and abuse in their workplaces or for other legitimate purposes."  MORE >>

Solutions Law Press

[Guidance Overview]

IRS Guidance Expands Access to ACA Premium Tax Credit, Allows Cafeteria Plan Sponsors to Permit Employees to Revoke Family Coverage Mid-Year

"[S]ome employers may experience cost savings by allowing this mid-year change to drop family members ... However, it is also possible that participants who found employer-based coverage for family members unaffordable simply never enrolled their family members, and employers will see no cost savings."  MORE >>

Verrill Dana LLP

Employers Seek Clarity on Reproductive Healthcare Benefits Litigation Following EEOC Commissioner Filing

"Following the US Supreme Court's decision in [Dobbs], many employers extended travel benefits to women residing in states where abortion or reproductive health procedures may now be unlawful. Recently, [EEOC] Commissioner Andrea Lucas filed a Commissioner's Charge against at least three companies alleging that doing so violates Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990.... Employers are now asking whether [this] may be the beginning of litigation by the EEOC or private plaintiffs and whether they can take measures to address the legal arguments being raised."  MORE >>

McDermott Will & Emery

Transforming Employee Health Benefits Through Self-Funding: A Case Study

"For most companies, health care is the second or third largest expense after wages. Through self-funding, Walker Forge reduced their all-in health care spend per employee to 28% below the national average and their pharmacy spend is about one-third of the national average per employee. While most employers have seen an upwards of 7% increase in average inflation each year, through self-funding, Walker Forge has been able to keep their premiums flat for four years."  MORE >>

The Alliance

Benefits in General

Exceptional Usefulness and Quality icon Fiduciary Liability: 2022 in Review and a Look Ahead to 2023

"2022 was a year in which fiduciary insurance rates and retentions continued to increase but stabilized.... Excessive fee class actions were by far the largest drivers of the market ... [E]mployer stock class actions against public companies did not make a resurgence, while private companies continued to be targeted ... Aftermath of the Dobbs decision ... 2023: Looking ahead: [1] Defined Contribution Plan risk ... [2] Risks post the Dobbs decision ... [3] Defined Benefit Plan risks ... [4] Regulatory risks."  MORE >>

Willis Towers Watson

Employee Benefits Jobs

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Press Releases

EdgeCo Holdings Announces Launch of AmericanTCS

EdgeCo Holdings

Pinnacle Plan Design Names Amanda Iverson to Succeed Kevin Donovan as Managing Partner

Pinnacle Plan Design

Securian Financial and Qualified Plan Advisors Introduce Highly Personalized Managed Account Solution for Workplace Retirement Plans

Securian Financial Group

Webcasts and Conferences
(Health & Welfare Plans)

ERISA Preemption & Dobbs v. Jackson Women’s Health Organization

January 10, 2023 WEBCAST

American Bar Association Joint Committee on Employee Benefits [JCEB]

Last Issue's Most Popular Items

What Does the Great Unwinding Mean for Employer-Based Health Plans?

DOL Finalizes Rule on ESG Investments and Proxy Voting

Thomson Reuters Practical Law

Colorado Expands Public Health Emergency Leave to Include Respiratory Illnesses

Sherman Howard

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

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