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Health & Welfare Plans Newsletter

May 23, 2023

2 New Job Opportunities 2 New Job Opportunities


[Guidance Overview]

IRS Continues Aggressive Course of Proposing Penalties with Letters 226J

"[If] the employer's offer of minimum value coverage to an employee is less than or equal to the product of the federal poverty line and the affordability threshold for that particular year the employee cannot trigger an ACA penalty. This ... is true even if the employer does not insert the federal poverty line affordability safe harbor code, 2G, in line 16 of the Form 1095-C.... [T]he IRS is apparently attempting to penalize employers under [IRC] section 4980H on grounds there is no basis for under the law."  MORE >>


[Guidance Overview]

IRS Reiterates that Claims Under Health and Dependent Care FSAs Must Be Substantiated

"[Chief Counsel Advice Memorandum 202317020] reminded sponsors of health and dependent care flexible spending arrangements of their obligation to properly substantiate claims as a condition of ensuring favorable tax treatment under Section 125 of the Internal Revenue Code. The IRS's advice is clear: the substantiation bar is high, and the failure to comply has serious, unwanted consequences for employers. The memorandum includes a useful summary of the applicable law as it applies in six example situations of claims practices."  MORE >>

McDermott Will & Emery

[Guidance Overview]

Health Plan Coverage and Documentation Following the End of the COVID-19 Emergencies

"After the Public Health Emergency. Health plans can enforce network restrictions, impose cost-sharing, apply medical management techniques such as prior authorization, and even stop covering COVID tests altogether. Plan sponsors may take any of these actions immediately or wait until the end of the current plan year or other future date. Plans continuing full coverage should consider any impact on mental health parity of the plan's financial requirements."  MORE >>

Faegre Drinker

Make Disaster-Ready Employee Benefits Part of Your EAP

"In the case of a storm, benefit managers should stay in touch with brokers or insurance carriers to confirm policies on pharmacy refills, as many will change depending on the predicted severity of the storm.... Telemedicine offerings should also be clearly communicated, as these can be a lifeline for employees unable to travel or dealing with mandatory curfews.... Ongoing employee education and communication strategies throughout the year can also eliminate unnecessary last-minute scrambling."  MORE >>

Corporate Synergies

Employers Lean on Learning as an Employee Benefit

"Although 88 percent of employers rate their company's current opportunities for upskilling as 'good' or 'excellent,' only 59 percent of employees agree.... The survey indicates that learning and development opportunities are essential in employee retention: 68 percent of respondents say they would be more likely to stay with their current employer if more upskilling opportunities were provided."  MORE >>

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

Changes to Sick Leave for Georgia Employees

"The Georgia legislature ... recently voted to repeal the sunset provision relating to use of sick leave for care of immediate family members (including a spouse, child, parent, grandparent, and grandchild or any dependents as shown in the employee's most recent tax return), effective May 1, 2023."  MORE >>

Jackson Lewis P.C.

Medicare Finances: A 2023 Update

"Headlines from the 2023 Medicare Trustees’ Report focused on the program’s looming financial concerns. But the Report itself did not contain bad news – in fact, it showed modest improvements over the prior year. And, more strikingly, the outlook is much better than it was a decade ago, even under assumptions that policymakers curb some cost controls. Nevertheless, Medicare still faces significant challenges:"  MORE >>

Center for Retirement Research at Boston College

Employee Benefits Jobs

View job as Corporate Intermediate Paralegal - Retirement Plan Recordkeeping & Administration
            for Transamerica

Corporate Intermediate Paralegal - Retirement Plan Recordkeeping & Administration



View job as Corporate Intermediate Paralegal - Retirement Plan Recordkeeping & Administration for Transamerica

View job as Retirement Plan Consultant/Administrator
            for Compensation Planning Inc.

Retirement Plan Consultant/Administrator

Compensation Planning Inc.

Remote / Warwick RI / Hybrid

View job as Retirement Plan Consultant/Administrator for Compensation Planning Inc.

Press Releases

Fringe Benefit Group Announces The Contractors Plan ICHRA; Innovative New Program Solves Health Insurance Challenges for Service Contract Act Contractors

Fringe Benefit Group

Corporate Insight Announces Release of New Brokerage Experience Benchmarks, an Annual Study Ranking the Digital Experiences of Brokerage Firms

Corporate Insight

Last Issue's Most Popular Items

Challenges for Health Plans: Gene Therapy Exclusions and Impending Rash of Special Enrollments


ACA Preventive Care Coverage Requirements Remain Intact

Zuckerman Spaeder LLP

Tracking Telehealth Changes State-by-State in Response to COVID-19

Manatt, Phelps & Phillips, LLP

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

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