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Health & Welfare Plans Newsletter
November 30, 2022
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7 New Job Opportunities
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[Guidance Overview]
The Dependent Care FSA 55% Average Benefits Test
"[The average benefits test (ABT)] is the only component of cafeteria plan NDT that employers have any significant chance of failing based on a quantitative analysis of utilization rates.... HCEs tend to disproportionately participate at higher levels and make higher dependent
care FSA elections, which is exactly what the ABT is designed to prevent. That makes the ABT very hard to pass without adjustments to reduce HCE elections." MORE >>
Newfront
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[Guidance Overview]
Colorado's Public Health Emergency Leave Now Covers COVID-19 and 'Similar Respiratory Illnesses'
" 'Respiratory illness' is not defined, so it is not clear what conditions qualify. As a result, [public health emergency leave (PHEL)] could potentially cover leave needed for something as small as a chest cold. Employers also cannot require [that]
employees provide documentation to take PHEL or confirm the leave is for PHEL related reasons." MORE >>
Faegre Drinker
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[Guidance Overview]
An Employer's Guide to New York State's New Lawful Absence Law
"The amendments ... expressly prohibit employers from 'assessing any demerit, occurrence, or any other point, or deductions from an allotted bank of time, which subjects or could subject an employee to disciplinary action' for the use of 'any legally protected
absence under federal, local, or state law.... Absences that will likely be covered by this law include, but are not limited to, New York Paid Family Leave, New York Paid Sick Leave, New York Vaccine Leave, New York Paid COVID-19 Leave, New York City Safe and Sick Leave, the Family and Medical Leave Act, ... and other various leaves, such as jury duty leave, voting leave, domestic violence leave, and military leave." MORE >>
Littler
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[Guidance Overview]
HHS Proposes to Align Federal Substance Use Disorder Law with HIPAA
"[K]ey takeaways from the Proposed Rule. [1] Single patient consent for all treatment, payment, and operations disclosures.... [2] Part 2 violations will be subject to the HIPAA Breach Notification Rule.... [3] Self-pay patients have the right to restrict
disclosures to health plans.... [4] Part 2's Patient Notice requirements are aligned with HIPAA's Notice of Privacy Practices.... [5] New Part 2 accounting of disclosures requirements tolled until the issuance of the long-awaited HIPAA final rule on accountings.... [6] HHS will have the authority to enforce Part 2 through civil penalties." MORE >>
Foley & Lardner LLP
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Mental Health Issues, Including Burnout, Affecting the Workplace
"[M]ore than half (59%) of American workers are experiencing at least moderate levels of burnout, a notable increase over the 2021 figure of 52%.... [N]early 80% of employees agreed that mental health coverage is critical, yet only 61% have access to mental health as part of
their benefits package." MORE >>
InsuranceNewsNet.com
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Benefits in General |
[Guidance Overview]
The Ins and Outs of IRA-to-HSA Rollovers
"The most important thing to know about a qualified HSA funding distribution is that it is a once-in-a-lifetime opportunity for each HSA account holder. The second most important thing to know is that the maximum amount of the rollover is limited to the amount of that year's
HSA contribution limit." MORE >>
Journal of Accountancy
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Employee Benefits Jobs |
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Press Releases |
Year-End Content at myStockOptions.com Helps Employees with Stock Compensation Plan Amid Market Volatility and Economic Uncertainty
myStockOptions.com
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Last Issue's Most Popular Items |
Proposed Changes to Substance Abuse Confidentiality Rules Could Create New Burdens for Employers and Health Plans
Solutions Law Press
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Employers Seek Clarity on Reproductive Healthcare Benefits Litigation Following EEOC Commissioner Filing
McDermott Will & Emery
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Text of HHS Proposed Regs: Confidentiality of Substance Use Disorder Patient Records
U.S. Department of Health and Human Services [HHS]
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BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587.
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