logo logo

Health & Welfare Plans Newsletter

April 12, 2023

2 New Job Opportunities 2 New Job Opportunities


[Official Guidance]

Text of CMS FAQs: Risk Adjustment Telehealth and Telephone Services During COVID-19 (PDF)

Updated Apr. 11, 2023. "In light of the announced end of the COVID-19 public health emergency (PHE), can [HHS] clarify [1] which telehealth services are valid for data submissions for the HHS-operated risk adjustment program in the 2023 benefit year? ... [2] which telephone service codes are valid for data submissions for the HHS-operated risk adjustment program? ... [3] what telehealth service codes will be valid for inclusion for the 2023 benefit year HHS-operated risk adjustment program?"  MORE >>

Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]

[Guidance Overview]

Alert (High Risk Issue) icon COVID National Emergency Ends Early; Plan Sponsor Action Required

"Despite originally announcing that both the COVID Public Health Emergency and National Emergency would end on May 11, President Biden has signed a resolution ending the National Emergency effective as of April 10, 2023. Plan sponsors will now have less time to react to the end of the National Emergency, but this does not mean that all COVID coverage mandates or extensions have ended."  MORE >>

HUB International

[Guidance Overview]

Alert (High Risk Issue) icon The COVID-19 National Emergency Is Over

"On April 10, 2023, President Biden signed into law HJRes 7, which terminated the President’s national emergency declaration for COVID-19 effective immediately.  ... [T]he COVID-19 'outbreak period' will end 60 days later ... As a result, on June 10, 2023, any deadlines that are 'paused' as a result of the national emergency, such as deadlines for COBRA elections, COBRA premium payments, and certain COBRA notices; HIPAA special enrollment requests; and the filing of claims and appeals, will start to run again."  MORE >>

Miller Johnson

[Guidance Overview]

President Biden Signs Resolution Ending COVID-19 National Emergency

"Although the signing of the bill immediately ends the COVID-19 national emergency, the public health emergency (PHE) remains in effect.... The PHE has more provisions that affect employers, such as COVID-19 testing and vaccine mandates.... The end of the national emergency ... ends provisions that allowed for extended time for special enrollment in plans due to life events such as losing coverage, getting married or having children[.]"  MORE >>

Society for Human Resource Management [SHRM]; membership may be required to view article

[Guidance Overview]

Upcoming Deadline icon Reminder: Washington CARES Fund Premium Payments to Begin July 2023

"[P]ayroll tax withholding under the Washington State Long Term Care Act ['Washington Cares'] will begin on July 1, 2023, unless an employee qualifies for an exemption. Companies with employees in Washington will need to be ready to withhold the payroll tax and keep track of employees who are exempt from withholding."  MORE >>


Court Blocks Enforcement of ACA Preventive Services Requirements

"The court concluded in its most recent decision that, rather than the narrow approach of severing the ACA provisions that violated the Appointments Clause, it was appropriate to instead grant universal relief by vacating all agency actions that implemented USPSTF's recommendations on or after March 23, 2010 and enjoining agencies from implementing USPSTF recommendations in the future. USPSTF recommendations include not only PrEP drugs but a wide variety of additional preventive care treatment, including cancer, diabetes, and heart disease screenings." [Braidwood Management, Inc. v. Becerra, No. 20-0283 (N.D. Tex. Mar. 30, 2023; notice of appeal filed Mar. 31, 2023)]  MORE >>

Slevin & Hart, P.C.

Competing Texas and Washington State Rulings Place Coverage of Medication Abortion in Question

"[A] Texas district court ruled to stay the [FDA's] administrative approval of mifepristone (a medication abortion drug) ... On the same day, a Washington State district court preliminarily enjoined the FDA from 'altering the status quo' regarding the availability of mifepristone ... The Texas ruling in particular, if it goes into effect, will have a significant impact on employer-sponsored health plans that currently cover mifepristone for medication abortion." [Alliance for Hippocratic Med. v. U.S. Food & Drug Admin., No. 22-0223 (N.D. Tex. Apr. 7, 2023); Washington v. U.S. Food & Drug Admin., No. 23-3026 (E.D. Wash. Apr. 7, 2023)]  MORE >>

Thomson Reuters Practical Law

Employee Benefits Jobs

View job as Benefits Specialist
            for Bertelsmann, Inc.

Benefits Specialist

Bertelsmann, Inc.

Remote / New York NY / NJ / Hybrid

View job as Junior Compliance Analyst
            for Ubiquity Retirement + Savings

Junior Compliance Analyst

Ubiquity Retirement + Savings


View job as Junior Compliance Analyst for Ubiquity Retirement + Savings

Press Releases

OneDigital and The Huntington National Bank Form Strategic Relationship For 401(K) Advisory and Retirement Plan Servicing Business


RetireOne Partners with Pension & Wealth Management Advisors on a Program to Help Clients Protect Income in Retirement


Last Issue's Most Popular Items

Text of OCR Notice of Expiration of Certain Notifications of Enforcement Discretion Issued in Response to the COVID-19 Nationwide Public Health Emergency

Office of Civil Rights [OCR], U.S. Department of Health and Human Services [HHS]

ACA Preventive Services Mandate Partially Vacated: What's Affected, What's Not, and What's Next


Prescription Drug Cost Reporting: Employer Guidance


Unsubscribe  |   Change Email Address

Search Past Issues   |   Privacy Policy

Submit an Article   |   Contact Us   |   Advertise Here

Copyright 2023, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.

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

Links to web sites other than and are offered as a service to our readers. We are not involved in their production and are not responsible for their content.