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Health & Welfare Plans Newsletter

March 9, 2023

2 New Job Opportunities 2 New Job Opportunities


[Guidance Overview]

Exceptional Usefulness and Quality icon Departments Issue Guidance Requiring First Annual 'Gag' Attestation by December 31, 2023

"While explicit, direct violations of the prohibition on gag clauses may not be difficult to determine, provisions that have the effect of restricting the disclosure of information or data in violation of the gag clause prohibitions may not be obvious."  MORE >>

The Wagner Law Group

[Guidance Overview]

Tri-Agencies Release Guidance for Group Health Plan 'No Gag Clause' Attestations

"Self-insured plans may contract with a third-party administrator to submit the attestation on the plan's behalf; however, the obligation to make a complete and accurate attestation ultimately remains with the plan, not the TPA. For fully-insured plans, while the plan and the issuer are each required to annually submit the attestation, if the issuer submits an attestation on behalf of the fully-insured plan, both will be deemed to have satisfied the attestation requirement."  MORE >>


[Guidance Overview]

New Price Transparency Laws Create Legal Risk for Employers

"While [employers have] long had a fiduciary duty to ensure that those funds are spent prudently, most have relied on insurers and other middlemen to define benefits, negotiate prices with physicians and hospitals, and pay claims. Now new federal policies are adding pressure to companies to make sure they're not squandering employees' health benefit money."  MORE >>

Bloomberg; subscription may be required

[Guidance Overview]

HHS Proposes HIPAA Standards for Electronic Health Care Claims Attachments

"HHS has proposed regulations that would adopt a set of standards for the electronic exchange of clinical and administrative data to support prior authorizations and health care claims adjudication.... [T]he approach is for covered entities to gain experience with several standard electronic attachment types so that technical and business issues can be identified to inform potential future rulemaking for other electronic attachments standards."  MORE >>

Thomson Reuters / EBIA

[Guidance Overview]

DOL Clarifies Telework Eligibility Under FMLA, Including Reduced Schedule Leave for 'Serious Health Conditions'

"The field assistance bulletin and opinion letter serve to educate employers on the complexities associated with determining the FMLA eligibility of a remote workforce and managing reduced-schedule requests in a manner that addresses employers' obligations under both the FMLA and [ADA]."  MORE >>

Ogletree Deakins

[Guidance Overview]

DOL Distinguishes Between FMLA and ADA Rights with Regards to Required Overtime

"DOL notes in its opinion that a 'serious health condition' under the FMLA and a 'disability' under the ADA are different concepts and must be analyzed separately.... [T]he opinion notes that the FMLA refers to 'workweeks,' and not hours worked. Therefore, if an employee is regularly scheduled to work more than 40 hours per week, he is entitled to more than 480 hours of FMLA leave per twelve-month period."  MORE >>

The Wagner Law Group

Coverage of COVID-19 Testing and the End of the COVID-19 Emergency

"When the PHE ends, health plans will no longer be required to cover COVID-19 tests, either diagnostic or OTC, or testing-related services with no cost-sharing. Employers should consider whether they want to continue to cover COVID-19 tests as required by a doctor or OTC without cost sharing.... [If] an employer decides to continue covering testing at no cost, they should consider how this affects any employer-sponsored high-deductible health plan (HDHP)."  MORE >>

McDermott Will & Emery

Expanding Your Family Building Benefits Beyond Fertility in 2023

"30% of women surveyed (age 35-plus) would not consider fertility treatments, such as egg preservation, in vitro fertilization (IVF), adoption, or surrogacy because of the high cost. However, a majority (81%) feel it's important that an employer provides fertility benefits and support."  MORE >>

HR Daily Advisor

80% of Local Governments Opted Out of Colorado's Paid Family Leave

"So far, more than 1,250 local governments have opted out of the contentious Colorado program requiring employers to provide paid family and medical leave. That number stands to grow as the new March 31 deadline to opt out approaches."  MORE >>

The Colorado Sun

Employee Benefits Jobs

View job as Recordkeeper & Customer Service Specialist
            for Heritage Pension Advisors, Inc.

Recordkeeper & Customer Service Specialist

Heritage Pension Advisors, Inc.

Remote / Commack NY / FL / Hybrid

View job as Recordkeeper & Customer Service Specialist for Heritage Pension Advisors, Inc.

View job as Account & Client Consultant - Retirement Plans
            for Ameritas

Account & Client Consultant - Retirement Plans



View job as Account & Client Consultant - Retirement Plans for Ameritas

Selected New Discussions

Using 2023 HSA Deduction Amount on 2022 Earnings

"My company farms out the payroll to a very large payroll company. Our last pay period of 2022 went from 12/19/2022 to 1/1/2023. 1/1/23 was a holiday and since it fell on a Sunday, was celebrated the following Monday and went on the next paycheck (no one worked that day at all). Which means all earnings on that final 2022 paycheck issued on 1/6/23 were earned in 2022. For some reason, this payroll company used the new year (2023) HSA deduction amounts that each employee selected in November to begin with the new year for 2023 earnings instead of the 2022 HSA deduction amounts for each employee. (This is the amount each employee contributed to their HSA account each paycheck) I cannot get them to correct this or show me any proof that they are allowed to withhold 2023 HSA deduction amounts on 2022 earnings So I guess my question is- Is it legal to use the following years HSA deduction amount on the previous years earnings if that previous years check is distributed in the following year, but contains no following year earnings?"

BenefitsLink Message Boards

Press Releases

TimelyMD Tops HealthCare Employer Rankings on Forbes List


New Slavic401k and IRALOGIX™ Partnership Delivers a Next-Generation IRA Solution to Accountholders with No Minimum Balance Requirement

Slavic 401k

Webcasts and Conferences
(Health & Welfare Plans)

The End of COVID-19 Emergencies

March 16, 2023 WEBINAR


Getting It Right: Know Your Fiduciary Responsibilities, Part 1

March 21, 2023 WEBINAR

Employee Benefits Security Administration [EBSA], U.S. Department of Labor

Getting It Right: Know Your Fiduciary Responsibilities, Part 2

March 23, 2023 WEBINAR

Employee Benefits Security Administration [EBSA], U.S. Department of Labor

Getting It Right: Know Your Fiduciary Responsibilities, Part 3

March 29, 2023 WEBINAR

Employee Benefits Security Administration [EBSA], U.S. Department of Labor

Last Issue's Most Popular Items

Tolling No More: Preparing for the End of COVID-19 Emergency Declarations

Bass, Berry & Sims PLC

Submission Deadline for Group Health Plan Gag Clause Attestation

Haynes and Boone, LLP

Spousal Carve-Outs and Surcharges (PDF)

VCG Consultants

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

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