"This document is to inform the public that four Notifications of Enforcement Discretion issued by [OCR] regarding how the Privacy, Security, and Breach Notification Rules promulgated under [HIPPA and HITECH] will be applied to certain violations during the COVID-19 nationwide public health emergency, will expire upon expiration of the COVID-19 PHE, which is currently scheduled for 11:59 p.m. on May 11, 2023.... OCR will continue to exercise enforcement discretion consistent with the Notifications for violations of the HIPAA Rules that occurred during the period that each Notification was in effect. In addition, OCR is affording covered health care providers a 90-calendar day transition period to come into compliance with the HIPAA Rules with respect to their provision of telehealth using non-public facing remote communication technologies."  MORE >>

"Highlights of the changes from the prior year ... [1] An additional option for multiple vendors to submit the same data file on behalf of the same plan, issuer, or carrier has been added ... [2] Clarifies [reporting for prescription drug rebates and stop-loss reimbursements]; and [3] RxDC reporting does not apply to retiree-only plans."  MORE >>

"The increased SDI benefit percentage levels that began in 2018 (up to 60%-70% of Average Weekly Wages (AWW)) have been extended through the end of 2024. The SDI benefit percentage increases again to up to 63%-90% of AWW in 2025 ... These benefit enhancements are funded by the elimination of the taxable wage limit on individual wages subject to the annual SDI withholding rate ($153,164 in 2023) effective January 1, 2024."  MORE >>

"For now, the ruling is in force across the country and technically allows plan sponsors and insurers to impose cost-sharing with respect to preventive services affected by the ruling. However, due to the significant operational, written plan design, and communications hurdles to altering course, and the practical and legal constraints on timing, near-term changes are unlikely." [Article includes detailed list of services that are/are not affected by the ruling.] [Braidwood Management, Inc. v. Becerra, No. 20-0283 (N.D. Tex. Mar. 30, 2023; notice of appeal filed Mar. 31, 2023)]  MORE >>

"the Third Circuit held that employer-provided paid time off (PTO) is a fringe benefit that is not part of an exempt employee's 'salary' for purposes of assessing compliance with the 'salary basis' requirement for certain 'white collar' exemptions under the Fair Labor Standards Act (FLSA). As a result, an employer may deduct from an exempt employee's PTO bank based on the quality or quantity of the employee's work without compromising the employee's exempt status under the FLSA." [Higgins v. Bayada Home Health Care Inc., No. 21-3286 (3d Cir. Mar. 15, 2023)]  MORE >>

"Before redlining your severance agreement, consider whether the employee at issue is a statutory employee under the NLRA to whom the decision in McLaren Macomb applies in the first place.... Consider whether any language that arguably interferes with NLRA rights (e.g., confidentiality and non-disparagement provisions) is really needed.... Think about ways to narrowly tailor any potentially problematic language ... Consider disclaimers stating that nothing in the agreement interferes with the employee's NLRA rights." [McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023)]  MORE >>

"[Company] leaders should be empathetic to how little financial education their Gen Z and Millennial employees have likely received, and how ill-equipped many are to navigate these periods of transition, especially in a challenging economic environment.... [J]ust 53% of U.S. employees say they have a good understanding of their total healthcare costs, and 57% have high anxiety about costs beyond what their insurance covers."  MORE >>

"Members of the group, called The Insurance Collaboration to Save Lives, say they were increasingly concerned about excess mortality and morbidity trends that even three years after the start of the COVID-19 pandemic, have not returned to pre-pandemic levels.... When controlling for population size, the annual number of excess deaths is up 84.9% between 2019 and 2021.... With excess morbidity comes excess losses for insurers that could be significantly quelled with digital screening and triage of policyholders."  MORE >>

"As part of the agreement, SAG-AFTRA will pay $15 million to older members of SAG-AFTRA who lost their coverage in the guild's health plan due to changes made in 2020 that raised the amount of annual earnings required to qualify for the plan and removing members' ability to count residuals towards that earnings threshold."  MORE >>

"Victims of severe storms, straight-line winds and tornadoes in Tennessee from March 31 to April 1, 2023, now have until July 31, 2023, to file various individual and business tax returns and make tax payments ... [I]ndividuals and households affected by severe storms, straight-line winds and tornadoes that reside or have a business in Cannon, Hardeman, Hardin, Haywood, Lewis, Macon, McNairy, Rutherford, Tipton, and Wayne counties qualify for tax relief."  MORE >>