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Health & Welfare Plans Newsletter

April 21, 2023

2 New Job Opportunities 2 New Job Opportunities


[Guidance Overview]

Departments Issue Guidance on Preventive Services Under the ACA Following the Braidwood Decision

"Preventive care requirements receiving an A or B rating from the USPSTF before March 23, 2010, are not affected by the ruling, which means plans and issuers must still cover those preventive care services without cost-sharing.... [FAQs Part 59] clarifies the Braidwood decision's effect on the high deductible health plan (HDHP) preventive care deductible safe harbor."  MORE >>


[Guidance Overview]

COVID-19 National Emergency Ends Ahead of Schedule

"[No] one has publicly disputed the CMS website statement that the waivers and flexibilities will continue until May 11, despite the now-terminated National Emergency serving as the source of authority for some of those waivers and flexibilities; however, providers should be working to bring operations into compliance as soon as possible."  MORE >>

McDonald Hopkins

[Guidance Overview]

2022 RxDC Reporting Instructions

"The most notable revisions are ... [1] Nearly all plans must report ... [2] Multiple vendors can submit data for the same plan ... [3] No Enforcement Relief for 2022 ... [4] HIOS Guidance ... [5] P2 File Reporting Clarifications ... [6] D1- Premium and Life Years Clarifications ... [7] Mid-Year Vendor Switches[.]"  MORE >>

HUB International

[Guidance Overview]

Is Our Health FSA Subject to COBRA?

"Most, if not all, health FSAs will qualify for the special limited COBRA obligation, and those that do may limit COBRA coverage in two ways: [1] the maximum COBRA coverage period may terminate at the end of the year in which the qualifying event occurs; and [2] the health FSA is not required to offer COBRA coverage to qualified beneficiaries whose accounts are 'overspent' as of the date of the qualifying event."  MORE >>

Thomson Reuters / EBIA

Fourth Circuit Outlines Pitfalls in Using Severance Plans for Layoffs

"[T]he court considered three questions. First, whether Bristol Compressors validly eliminated its severance plan before terminating Plaintiffs' employment. Second, whether certain Plaintiffs who signed a Stay Bonus Letter Agreement waived their claims against Bristol Compressors. And third, whether four of the Plaintiffs received adequate notice under the WARN Act before their employment was terminated." [Messer v. Bristol Compressors Int'l, LLC, No. 21-2363 (4th Cir. Apr. 3, 2023; unpub.)]  MORE >>

Hunton Andrews Kurth LLP

DOL Provides Guidance by Settlement Agreement: Group Life Insurance Premium Payments and Evidence of Insurability

"Employers and those responsible for plan administration and recordkeeping should take heed that under the agreement, Prudential must notify ERISA group life insurance policyholders that they must not collect any premiums from any employee or their eligible dependent for supplemental coverage that requires [evidence of insurability (EOI)] without first confirming that Prudential has approved the employee's or their eligible dependent's EOI, and that in the event they collect premiums from any employee for supplemental coverage that requires EOI without first confirming that Prudential has approved such EOI, they may be liable to the beneficiaries of any such employee or their eligible dependent."  MORE >>

Miller & Chevalier

Updated National Survey Trends in Telehealth Utilization and Modality (2021-2022)

"Telehealth utilization has changed over time since the steep increase from the early stages of the COVID-19 pandemic. This report updates prior findings on national trends of telehealth use ... from April 2021 through August 2022. Updated trends show a steady use of telehealth; however, disparities in video telehealth use persist in populations and across insurance types."  MORE >>

Assistant Secretary for Planning and Evaluation [ASPE], U.S. Department of Health and Human Services [HHS]

The Disconnect: More View Health Savings Accounts as Investment Accounts Than Use Them This Way (PDF)

"[T]he majority (62 percent) of health savings account (HSA) accountholders reported that they are using the account to pay for out-of-pocket expenses. And most (69 percent) viewed the HSA as a savings account. However, 24 percent of HSA accountholders reported using their account to invest in stocks, bonds, or mutual funds. One-third (32 percent) viewed the account as an investment account."  MORE >>

Employee Benefit Research Institute [EBRI]

Benefits in General

How to Help Retiring Clients Pick a Medicare Plan

"[C]hoosing among the various options is akin to navigating a confusing, shifting maze. There are cross-cutting considerations regarding out-of-pocket costs, the level of monthly premiums, the level of access to preferred doctors offices and hospitals, the coverage of regular prescription drug costs and various other factors to throw in the mix."  MORE >>


Employee Benefits Jobs

View job as Retirement Plan Administrator
            for Jordan & Associates Retirement Services

Retirement Plan Administrator

Jordan & Associates Retirement Services

Remote / Santa Rosa CA

View job as Retirement Plan Administrator for Jordan & Associates Retirement Services

View job as Retirement Plan Assistant Administrator
            for Gateway Pension Services, Ltd.

Retirement Plan Assistant Administrator

Gateway Pension Services, Ltd.

Saint Louis MO / Hybrid

View job as Retirement Plan Assistant Administrator for Gateway Pension Services, Ltd.

Webcasts and Conferences
(Health & Welfare Plans)

Prepare for the End of the COVID-19 Emergency Declarations



Do’s and Don’ts When Crafting A Parental Leave Policy

April 26, 2023 WEBINAR

Miller Johnson

Catastrophic Claim Trends and How Employers Can Respond

June 15, 2023 WEBINAR


Last Issue's Most Popular Items

The End of the COVID-19 Public Health Emergency: New Deadlines for Group Health Plans


IRS Clarifies Ability to Reimburse Certain Programs Under HSAs, FSAs and HRAs

Foley & Lardner LLP

FAQs Provide Guidance on Preventive Care

Ballard Spahr LLP

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

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