"[N]ew legislation allows certain interested parties to have access to information from ... the state agency who administers the paid family and medical leave program, regarding an employee's leave including: [1] Type of leave being taken; [2] Requested duration -- including the approved dates -- of the leave; and [3] Whether the employee was approved for benefits and was paid benefits for any given week."  MORE >>

"The 10th Circuit's coming decision in Mulready could signal whether federal courts will continue to rethink the boundaries of ERISA preemption.... At oral arguments held on May 16, 2023, the 10th Circuit panel appeared skeptical of Oklahoma's comparison of this case to Rutledge, given the significantly farther reach of the Oklahoma law into plan design and administration." [Pharmaceutical Care Management Assoc. (PCMA) v. Mulready, No. 19-0977 (W.D. Okla. Apr. 4, 2022; on appeal to 10th Cir. No. 22-6074, oral arg. May 16 2023)]   MORE >>

"With the increased scrutiny on healthcare plan practices and the uptick in ERISA healthcare litigation in recent years, plan participants and fiduciaries are increasingly challenging fees and costs associated with their healthcare plans. [This] decision is a good example of this trend." [Peters v. Aetna Inc., No. 15-0109 (W.D.N.C. Jun. 5, 2023)]  MORE >>

"Health insurance plans are in for significant changes with the filing of HB 711, which allows employers to steer employees to higher-performing health centers and tier hospitals based on performance within health insurance plans.... After the new year, plans can use incentives such as no deductibles or copays to steer patients to higher quality hospitals, but it is up to employers to push for the changes[.]"  MORE >>

"A majority of respondents (73%) [indicated] that mental health offerings are either important or very important to recruiting and retaining employees. The cost of mental health resources was only the fourth most important consideration (58%), behind provider access and availability, such as provider gender, race, and social considerations (69%).... For 2023, Employee Assistance Programs (EAPs) were the most popular resource offered (94%), followed closely by the medical carrier's behavioral health programs (84%)."  MORE >>

"To help employees make informed decisions and get the most out of existing and new programs, it's critical that employers highlight this once-a-year opportunity to make changes to their benefits and encourage them to take the time to evaluate their options. When it comes time for enrollment, employers should offer decision support tools to ensure their employees have access to the information they need to make informed decisions."  MORE >>

"How exactly do we expect to promote value -- something that can only be achieved over a longer-term horizon -- when our member base changes every year?.... [If] commercial insurers could count on a certain percentage of their customers remaining with them for a fixed period of time, they could better manage their costs and tailor their products. Just as with government insurers, commercial insurers would see their costs decline by investing in disease prevention and treatment for a known and loyal member base."  MORE >>

Changes to benefits-related items from EBSA and from the Wage and Hour Division (WHD) from the Fall 2022 DOL Regulatory Agenda:

Added to Prerule Stage:

• [1210-AC18] Emergency Savings Accounts Linked to Individual Account Plans
• [1210-AC19] Plan Reporting for Retirement Savings Lost and Found
• [1210-AC20] Worker Ownership, Readiness, and Knowledge
• [1210-AC21] Exemption for Certain Automatic Portability Transactions
• [1210-AC22] Review of Pension Risk Transfer Interpretive Bulletin 95-1

Moved from Prerule Stage to Proposed Rules:
[1210-AC14] Requirements Related to Advanced Explanation of Benefits and Other Provisions Under the Consolidated Appropriations Act, 2021

Update to Proposed Rule: 
[1210-AC02] "Definition of Fiduciary" title changed to "Conflict of Interest in Investment Advice"

Moved from Proposed Rule to Final Rule: 
[1235-AA43] Employee or Independent Contractor Classification Under the Fair Labor Standards Act  MORE >>

Changes from the Fall 2022 IRS Regulatory Agenda:

Added to Proposed Rules:

• [1545-BQ57] Plan-Specific Mortality Tables and Corporate Bond Yield Curve for Determining Present Value
• [1545-BQ66] SECURE 2.0 Updates to Required Minimum Distribution Rules
• [1545-BQ67] Modifications to Rules Regarding Plan-Specific Substitute Mortality Tables
• [1545-BQ70] Long-Term, Part-Time Employee Rules for Cash or Deferred Arrangements Under Section 401(k)

Moved from Proposed to Final Rule stage: 
[1545-BQ35] Requirements in Connection With Coverage of Certain Preventive Services  MORE >>

"While AI holds the potential to revolutionize how plan sponsors and service providers manage and deliver, the imperfect nature of AI and the dynamic legal landscape regulating its usage requires measured consideration.... ERISA fiduciaries must certainly be mindful that the use of AI does not excuse them from their fiduciary duties. When AI 'enters the chat,' it will be important to assess whether a reasonable person in similar circumstances would decide to implement AI for a given task."  MORE >>

"Benefits administration platforms are commonly discussed as a matter of 'paper' vs. 'digital,' but this terminology actually glosses over significant gulfs between different digital product types.... 1 in 5 American employers is currently making use of API in benefits administration, which is up from 1 in 20 employers in 2019.... [T]he simplest way to explain the value proposition of API-based services is that they offer 'real-time communication' between carriers, administration platforms, and enrollees -- but what exactly does that mean?"  MORE >>

"Thanks to regulation passed in 2021, experts believe the health care industry may be started down a path of fiduciary regulation and fee transparency similar to the retirement sector. But as aggregation across insurance, retirement and health benefits has brought workplace benefits practices closer together, retirement plan advisers may have a role to play[.]"  MORE >>