"The Consolidated Appropriations Act, 2021 (CAA) ... restricts group health plans from entering into agreements that limit the plan's access to de-identified claims data or the group health plan's ability to disclose provider-specific information (such as cost and quality information) to certain third parties, including plan participants....[New FAQs] on these requirements [specifies] that the first annual attestation is due by December 31, 2023.... The [FAQs] also provided additional guidance on what constitutes a 'gag clause.' "  MORE >>

"[DOL FAB 2023-1] explains that all hours worked are counted for purposes of determining an employee's FMLA eligibility, including hours when an employee teleworks from home or works at other locations. When an employee works from home or other locations, his worksite, for FMLA eligibility purposes, is the office to which he reports or from which his assignments are made."  MORE >>

"[N]ext steps might include: [1] Evaluating which COVID-related benefits should continue or terminate. [2] Preparing any necessary plan amendment and/or SMM. [3] Notifying participants at least 60 days in advance of any material plan modifications  ... [4] Contacting the plan's third party administrators and COBRA administrator to ensure that they are prepared to transition to pre-COVID-19 COBRA, HIPAA special enrollment, and ERISA claims and appeals deadlines. [5] Preparing any other necessary participant communications.... [6] Updating written plan procedures and administrative practices as needed."  MORE >>

"[The Sixth Circuit] ruled that an employee had provided sufficient notice for his need for intermittent [FMLA] leave and subsequent absences due to 'flare ups' of recurrent depression -- even though he had only provided that notice the first time he sought approval for the leave. [The court] found that the employee did not have to give any 'formal notice' each time he called into to use the FMLA leave in order to be protected by the statute. When you combine the nuances of 'intermittent leave' under the FMLA with the ongoing mental health crisis gripping many of those in the U.S. workforce, this decision is bound to create problems for employers." [Render v. FCA US LLC, No. 21-2851 (6th Cir. Nov. 16, 2022)]  MORE >>

"[A]bout 7 percent of U.S. organizations offered student loan benefits in 2022, down from 9 percent in 2021. Although relatively uncommon, student loan repayment programs are among employees' most widely desired benefits[.]"  MORE >>

"60 percent of individuals reported that they had a choice of at least two health plans. High-deductible health plan (HDHP) enrollees were more likely than traditional plan enrollees to report that they had a choice of health plan. Twenty-nine percent of HDHP enrollees reported that they had three health plans to choose from, compared with 17 percent among traditional plan enrollees."  MORE >>

"The triple-tax advantaged of Health Savings Accounts make them an ideal savings and investment tool for retirement. In [this article's] examples, the balance from each HSA account portfolio would be available for the account holder to use penalty free and tax free for qualified medical expenses at any time. Health Savings Accounts ... are only available in partnership with an HDHP[.]"  MORE >>