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Health & Welfare Plans Newsletter

March 24, 2023

9 New Job Opportunities 9 New Job Opportunities

 

[Guidance Overview]

NLRB General Counsel Issues Guidance on Severance Agreement Restrictions

"The guidance made clear that the General Counsel will, when given the opportunity, prosecute a case before the Board to have the NLRB invalidate provisions in severance agreements that attempt to restrict the rights of departing employees to engage in activity protected by the National Labor Relations Act (NLRA). The General Counsel also emphasized her view of the retroactive application of the decision, noting that employers attempting to enforce old severance agreements will face new unfair labor practice liability even if the statute of limitations has run since the execution of the now-unlawful agreement."  MORE >>

Faegre Drinker

[Guidance Overview]

NLRB Issues Aggressive Guidance on Severance Agreement Language

"Memorandum GC 23-05 provid[es] guidance on how [NLRB] regional offices should address the legality of severance agreement language.... [T]he General Counsel also shared (without explanation) her belief there are other provisions commonly found in severance/employment agreements which 'might interfere with Section 7 rights,' including: non-compete, no solicitation, and no poaching clauses; broad liability releases and covenants not to sue (which go beyond the employer or the effective date of the agreement); and certain cooperation requirements."  MORE >>

Frost Brown Todd LLC

[Guidance Overview]

No Surprises Act Gives Plan Sponsors Savings Opportunities

"The No Surprises Act also provides an employer or plan sponsor of an [ERISA] group health plan an opportunity to revisit their plan's administrative services agreements with their third-party administrator [TPA] and reduce or eliminate certain fees being charged by the [TPA] ... [S]ponsors have a fiduciary obligation under ERISA to understand these fees and how they can be reduced[.]"  MORE >>

Hall Benefits Law

State Attorneys General Seek En Banc Review of Ninth Circuit Decision on ERISA Plan Insurers' Obligations

"A group of 16 Democratic AGs filed an amicus brief supporting plaintiffs-appellees' petition for rehearing en banc ... [A]mici urge the court to find that insurers regulated under ERISA cannot deny coverage for mental health and substance use disorder services under plan guidelines that are more restrictive than state law and generally accepted standards of care." [Wit v. United Behav. Health, No. 20-17363 (9th Cir. petition for rehearing filed Mar. 10, 2023)]   MORE >>

Cozen O'Connor, via JDSupra

Lawsuits Mount Against DC Health Link Over Breach of Congress Members' Data

"At least two class action lawsuits have been filed against the online health insurance marketplace, DC Health Link, over a recent hacking incident which, according to DC Health link, affected 56,415 customers. DC Health Link is a public-private healthcare exchange program for residents of Washington D.C.... DC Health Link has approximately 100,000 customers including 11,000 Congressional staff and Members of Congress."  MORE >>

The HIPAA Journal

Pre-Deductible Coverage for Chronic Conditions Is an Enrollment Incentive (PDF)

"Among HDHP enrollees with coverage for preventive care for chronic conditions prior to meeting the plan deductible, a significant number reported that it impacted their decision to choose the HDHP.... Among traditional plan enrollees, there is notable interest in HDHPs that cover preventive care for chronic conditions before the deductible was reached."  MORE >>

Employee Benefit Research Institute [EBRI]

[Opinion]

Insulin as Preventive Care: Why Not Eliminate Patient Cost Sharing?

"While the actions of the three major insulin manufacturers and certain payors are remarkable, avenues exist to eliminate cost sharing entirely for individuals who are insulin-dependent. Specifically, the United States Preventive Services Task Force (USPSTF or Task Force) should recommend insulin as a preventive service for the primary prevention of complications associated with living with diabetes among the limited population of insulin-dependent individuals living with diabetes."  MORE >>

Health Affairs Forefront

[Opinion]

ERIC Written Testimony in Opposition to Texas House Bill Expanding State Control of Pharmacy Benefit Manager Networks and Self-Funded Benefit Plan Design and Administration (PDF)

"While ERIC understands the importance of competition between pharmacies and the desire to improve areas of health care coverage, HB 2021 would go far beyond similar state PBM policies, attempting to directly control the design and administration of self-funded ERISA plans, and would further increase the health care costs that Texans already face."  MORE >>

The ERISA Industry Committee [ERIC]

Benefits in General

How Supportive Benefits Can Help Reduce Turnover

"Providing comprehensive benefits for every life stage shows that companies value their employees and are committed to supporting their well-being throughout their careers ... In addition to benefits that support employees who are single or divorced, companies can offer eldercare support, retirement planning, and financial wellness programs."  MORE >>

HR Daily Advisor

Employee Benefits Jobs

View job as Defined Contributions Consultant
            for LDSCO

Defined Contributions Consultant

LDSCO

Remote

View job as Defined Contributions Consultant for LDSCO

View job as Distribution Reviewer
            for Nova 401(k) Associates

Distribution Reviewer

Nova 401(k) Associates

Remote

View job as Distribution Reviewer for Nova 401(k) Associates

View job as Employee Benefits Investigator
            for Employee Benefits Security Administration [EBSA]

Employee Benefits Investigator

Employee Benefits Security Administration [EBSA]

Chicago IL / Hybrid

View job as Employee Benefits Investigator for Employee Benefits Security Administration [EBSA]

View job as Benefits Advisor (Bilingual)
            for Employee Benefits Security Administration [EBSA]

Benefits Advisor (Bilingual)

Employee Benefits Security Administration [EBSA]

Chicago IL / Hybrid

View job as Benefits Advisor (Bilingual) for Employee Benefits Security Administration [EBSA]

View job as Enrolled Actuary
            for FuturePlan, by Ascensus

Enrolled Actuary

FuturePlan, by Ascensus

Remote

View job as Enrolled Actuary for FuturePlan, by Ascensus

View job as Retirement Plan Consultant
            for Retirement Plan Solutions, Inc.

Retirement Plan Consultant

Retirement Plan Solutions, Inc.

Remote

View job as Retirement Plan Consultant for Retirement Plan Solutions, Inc.

View job as 401(k) Plan Specialist
            for ADP

401(k) Plan Specialist

ADP

Alpharetta GA / Aurora CO / Salem NH / Hybrid

View job as 401(k) Plan Specialist for ADP

View job as 401(k) Plan Specialist
            for ADP

401(k) Plan Specialist

ADP

Salem NH / Alpharetta GA / Aurora CO / Hybrid

View job as 401(k) Plan Specialist for ADP

View job as Retirement Services Client Support Spec I
            for ADP

Retirement Services Client Support Spec I

ADP

Salem NH / Alpharetta GA / Arvada CO / Tempe AZ / AR / Hybrid

View job as Retirement Services Client Support Spec I for ADP

Last Issue's Most Popular Items

The End of the COVID-19 Emergency: Are You Ready?

Calfee, Halter & Griswold LLP

IRS FAQs Explain When Health FSAs, HSAs, or HRAs Can Reimburse Nutrition, Wellness, and General Health Expenses

Thomson Reuters / EBIA

HHS Updates the National Medical Support Notice

HUB International

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

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