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Health & Welfare Plans Newsletter

May 30, 2023

3 New Job Opportunities 3 New Job Opportunities

 

[Official Guidance]

Text of DOL Opinion Letter FMLA2023-2-A: Calculating FMLA Leave Used During Holiday Week (PDF)

"[U]nder the FMLA, the employee's normal workweek is the basis of the employee's leave entitlement. If a holiday occurs during an employee's workweek, and the employee works for part of the week and uses FMLA leave for part of the week, the holiday does not reduce the amount of the employee's FMLA leave entitlement unless the employee was required to report for work on the holiday. Therefore, if the employee was not expected or scheduled to work on the holiday, the fraction of the workweek of leave used would be the amount of FMLA leave taken (which would not include the holiday) divided by the total workweek (which would include the holiday)."  MORE >>

Wage and Hour Division [WHD], U.S. Department of Labor [DOL]

[Official Guidance]

Text of OPM FEHB Program Carrier Letter 2023-12: Coverage for Gender Affirming Care and Services (PDF)

"OPM has strongly encouraged FEHB Carriers to cover comprehensive gender affirming care and services ... and OPM expects that, in their benefit and rate proposals for the upcoming plan year, Carriers will propose enhanced coverage of services related to the treatment of gender dysphoria."  MORE >>

U.S. Office of Personnel Management [OPM]

[Guidance Overview]

FTC Proposes Amendments to the Health Breach Notification Rule

"[T]he FTC [has taken] the position that mobile health applications that are not covered by [HIPAA] are covered by the [Health Breach Notification Rule (HBNR)].... The FTC's proposed amendments to the HBNR attempt to codify this broad interpretation.... [T]he amendments would ... include 'unauthorized disclosure' in the definition of 'breach of security,' and bring 'websites' and 'mobile applications' into the scope of the law[.]"  MORE >>

Health Law Advisor, Epstein Becker Green

[Guidance Overview]

Increased PCORI Fee Due July 31 via IRS Form 720

"The annual PCORI fee must be reported and paid to the IRS by July 31, 2023 via the second quarter Form 720.... What is the PCORI fee used for? ... Who needs to pay the PCORI fee? ... To which plans does the PCORI fee apply? ... Does the PCORI fee apply to HRAs? ... How is the PCORI fee calculated? ... How much do I need to pay on the July 2023 Form 720? ... How do we file the PCORI fee?"  MORE >>

Newfront

[Guidance Overview]

Cafeteria Plan Claims Substantiation

"[Chief Counsel Advice Memorandum 202317020] suggests that the following methods are not sufficient to fully substantiate claims: [1] Self-certification method  ... [2] Sampling method  ... [3] De minimis method ... [4] Favored providers method  ... [] Anticipated DCA expenses method."  MORE >>

Poyner Spruill LLP

[Guidance Overview]

COVID-19 Health Plan Relief Winds Down (PDF)

"This slide deck describes agency guidance about which COVID-19 coverage mandates will expire once the public health emergency ends on May 11, and how to calculate key plan and participant deadlines before and after the outbreak period ends on July 10. The slides also describe employer actions that the agencies encourage but do not require, such as steps to lessen the impact of Medicaid redeterminations on employees and their families."  MORE >>

Mercer

[Guidance Overview]

Minnesota Legislature Passes Significant Employee Leave Laws

"Eligible Minnesota employees will be entitled to up to 48 hours of paid sick and safe leave and 20 weeks of family leave benefits. This patchwork of paid leave laws is further complicated in Minnesota where Minneapolis, St. Paul, Duluth, and Bloomington ... all have paid sick leave laws already on the books."  MORE >>

Jackson Lewis P.C.

Employee Benefits Jobs

View job as Pension Manager
            for Trane Technologies

Pension Manager

Trane Technologies

Davidson NC / Hybrid

View job as Pension Manager for Trane Technologies

View job as Pension Associate
            for Strategic Pension Services, LLC

Pension Associate

Strategic Pension Services, LLC

Remote / Albany NY

View job as Pension Associate for Strategic Pension Services, LLC

View job as 401(k) Administrator
            for Blue Ridge ESOP Associates

401(k) Administrator

Blue Ridge ESOP Associates

Remote

View job as 401(k) Administrator for Blue Ridge ESOP Associates

Last Issue's Most Popular Items

Cost of Employer-Provided Healthcare for a Family of Four in 2023: $31,065

Milliman

Agencies Clarify Impact of Braidwood Decision; Plans Must Continue Covering ACA Preventive Services, at Least for Now

Slevin & Hart, P.C.

Denials of Health Insurance Claims Are Rising — and Getting Weirder

KFF Health News

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

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