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Health & Welfare Plans Newsletter

April 27, 2023

3 New Job Opportunities 3 New Job Opportunities


[Guidance Overview]

CMS Fact Sheet: Hospital Price Transparency Enforcement

"This fact sheet outlines process updates CMS is making to increase compliance with the hospital price transparency requirements. CMS continues to explore additional ways to ensure that hospitals fully comply with the hospital price transparency requirements, including whether to propose additional changes through rulemaking."  MORE >>

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

[Guidance Overview]

Health Plans Must Prepare for the End of COVID-19 Public Health and National Emergencies

"In the FAQs, the Departments 'encourage' plans to continue providing COVID-19 diagnostic testing coverage without cost-sharing or other requirements, and to notify participants of any changes in coverage of COVID-19 testing.... Employers may want to consider notifying participants that standard deadlines for these plan-related actions will apply again after the end of the Outbreak Period."  MORE >>

Hanson Bridgett LLP

[Guidance Overview]

NLRB Requires Changes to Employee Severance and Other Agreements

"Supervisors are generally not protected by the NLRA and therefore the McLaren Macomb decision should not apply to severance agreements provided to supervisors, except in very limited circumstances.... [M]aintaining and/or enforcing a previously entered severance agreement with unlawful provisions continues to be a violation of the NLRA."  MORE >>

White & Case LLP

Board Resolution Did Not Override Employee Handbook Requirements

"[B]ecause the company did not follow the employee handbook's procedures for terminating the severance plan, the Fourth Circuit held that the district court erred in finding that the company was entitled to summary judgment on the issue of whether the severance plan was eliminated." [Messer v. Bristol Compressors Int'l, LLC, No. 21-2363 (4th Cir. Apr. 3, 2023; unpub.)]  MORE >>

Masuda Funai

Why Workplace Wellness Is Important for Sustaining a Healthy Culture

"81% of respondents experienced burnout in the year prior to the study, with one-third of respondents feeling less focused and just over a quarter (26%) planning on taking a leave of absence/sick leave.... [W]hat employees would like to see ... mental health days (41%), flexible schedules (40%), and additional benefits coverage (31%)."  MORE >>


Holistic Health Is Part of a Balanced Benefits Plan

"Today's workforce desires benefits that provide access to mental health practices they already engage with in their personal lives. Yoga, meditation, hypnotherapy, EFT/Tapping, acupressure, personal training, and mindfulness coaching are just a few of these oft requested therapies that you might consider adding to your roster of well-being benefits.... [T]hese holistic practices also work to improve clinical mental health outcomes."  MORE >>

HR Daily Advisor


CAHC Testimony for House HELP Subcommittee: Medicaid, ACA Should Not Replace Small Business Health Coverage

"[T]hree ways Congress can make health coverage more affordable and accessible: [1] Expanding health plan options for employers and their employees. [2] Providing financial incentives to ensure employer coverage remains viable. [3] Enacting policies to lower the cost of health services and drugs to reduce premiums and out-of-pocket costs."  MORE >>

Council for Affordable Health Coverage [CAHC]

Benefits in General

Julie Su’s Nomination to Head DOL Advances From Committee

"Su, currently the acting secretary, must now be confirmed by a vote of the whole Senate. No Republicans have yet supported her confirmation publicly, and ... it is unclear if Democrats, with 48 Senators and three who caucus with them, have the votes to confirm Su on a pure party-line basis. A floor vote has yet to be scheduled."  MORE >>

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Employee Benefits Jobs

View job as Senior Retirement Plan Document Specialist
            for Empower

Senior Retirement Plan Document Specialist



View job as Senior Retirement Plan Document Specialist for Empower

View job as DB Retirement Plan Consultant
            for EGPS

DB Retirement Plan Consultant



View job as DB Retirement Plan Consultant for EGPS

View job as Employee Benefits Attorney
            for Bricker Graydon LLP

Employee Benefits Attorney

Bricker Graydon LLP

Cincinnati OH

View job as Employee Benefits Attorney for Bricker Graydon LLP

Selected New Discussions

New Wrap Plan and SPD Distribution Requirements

"If an employer has recently bundled multiple H&W benefits under one mega wrap plan, do participants have to be supplied with all plan materials that constitute the bundled plan's SPD? Or can the plan administrator provide plan materials that describe only the benefits for which a participant is currently enrolled? For example, if the wrap plan includes M, D, and V, and an employee is only enrolled in the dental benefit, can only the dental materials (e.g., certificate/benefit summary) be supplied along with the wrap's SPD?"

BenefitsLink Message Boards

Press Releases

Hinshaw Adds Experienced ERISA/LHD Litigators in Chicago

Hinshaw & Culbertson LLP

O3 PRIME: The Retirement Program of the Future for Your Workforce of the Future

October Three, LLC

Webcasts and Conferences
(Health & Welfare Plans)

AICPA & CIMA Employee Benefit Plans Conference

May 8, 2023 in CO

American Institute of CPAs [AICPA]

Last Issue's Most Popular Items

Breaking Up Is Hard to Do: The End of the COVID Mandates and Outbreak Period Extensions

Alston & Bird

Individual Arbitration of ERISA Breach of Fiduciary Duty Claims: Is It Possible And, If So, Is It Worth It?

Proskauer, via JDSupra

Preventive Care in a Post-Braidwood World: Agencies Release Guidance on Preventive Services Coverage Requirements


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

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