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Health & Welfare Plans Newsletter

June 26, 2023

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[Guidance Overview]

COVID-19 Coverage Without a Deductible Ends Next Year

"[Notice 2023-37] puts a deadline on the relief described in Notice 2020-15, issued in March 2020, by saying it applies only to plan years ending on or before Dec. 31, 2024."  MORE >>

Journal of Accountancy

[Guidance Overview]

The Impact of Mental Health Parity Enforcement on ABA Therapy

"The 2022 MHPAEA Report Io Congress reflects [the agencies'] most recent enforcement efforts ... [The EBSA] autism working group ... reviewed autism coverage quantitative treatment limitations and NQTLs to determine subjects for the investigations ... and to identify the insurers and plans that might include limits that violate MHPAEA. Exclusions of ABA therapy (or other services used to treat autism) were the primary NQTLs found to be noncompliant in the audited plans. "  MORE >>

Arthur J. Gallagher & Co.

[Guidance Overview]

IRS Chief Counsel Advice Says Wellness Indemnity Payments Are Taxable If No Unreimbursed Medical Expenses Related to the Payment

"[CCA 202323006] generally provides that if an employee receives a wellness indemnity payment under a fixed indemnity health insurance policy and the employee paid the premiums by a pre-tax salary reduction through a cafeteria plan, the payment will be included in the employee's gross income as wages subject to FICA, FUTA, and Federal income tax withholding to the extent the employee does not have any unreimbursed out-of-pocket medical expenses related to the payment. This is the fourth CCA the IRS has released on this topic."  MORE >>

Groom Law Group

District Court Transfers Venue of ERISA Action from Residence Forum of Participant's Trustee to Residence Forum of Plan Participant

"Plaintiff, who resides in San Francisco, is the successor trustee of Mr. Morrison's trust and the co-conservator of his estate.... Plaintiff was not the plan participant, and instead only administered the plan benefits via a Connecticut special-needs trust.... [T]he alleged underpayment of plan benefits harmed the plan participant in Connecticut. As such, the overall factual context shows that the operative facts occurred in Connecticut and that state has a far greater local interest in the controversy." [Hammer v. JP Morgan Chase Long-Term Disability Benefit Plan, No. 22-6886 (N.D. Cal. June 16, 2023)]  MORE >>

Roberts Disability Law

Cost Implications of the Braidwood Ruling for Enrollees and Plan Sponsors

"[In] aggregate, A and B-rated services account for only 2.4 percent of total employer spending on health care. If employers were allowed and chose to impose 20 percent cost-sharing on all the A and B-rated services and medications that are measurable in claims data for individuals under age 65, employer spending would fall by 0.48 percent.... [As] enrollees reduce use of A and B-rated preventive services, other health care costs may increase."  MORE >>

Health Affairs Forefront

Midyear Update on PBM Reform

"Six months into the 118th Congress ... PBM reform has, as expected, risen to the top of the list of topics in the conversation about reducing runaway drug prices.... [This alert] will highlight the major topics of the debate in Congress and provide a summary of committee efforts. [The authors] also address recent agency action and [offer] predictions for the remainder of this Congress."  MORE >>

ArentFox Schiff LLP

Do State PBM Laws Affect My Self-Insured Group Health Plan?

"While state PBM laws may intend to lower prescription drug costs and protect consumer pharmacy choices, increasing state regulatory authority potentially erodes ERISA's protection of employer-sponsored health plans. These laws often result in increased costs to plan sponsors, which may ultimately lead to higher premiums for plan participants."  MORE >>

Willis Towers Watson

Educational Assistance Program Considerations

"[1] Get buy-in and assess the need ... [2] Determine the type of program to offer based on employee need and demographics ... [3] Educate your employees and communicate to launch the program ... [4] Consider the administrative and compliance burden of implementation ... [5] Partner with experts."  MORE >>

Corporate Synergies

Dependent Care Flexible Spending Accounts Can Be an Awesome Benefit -- if You Know What You Are Doing

"If you were to make a 'pros and cons' list ... you might see that numerically, there are more cons that pros. But ... the quality of the overall benefit should be evaluated. Overall, when a participant is aware of the requirements and limitations, evaluates their individual situation, and carefully plans for the use of the DCFSA, the tax savings on a necessary expense makes it all worthwhile."  MORE >>

KLB Benefits Law Group

Poor Funding for OPEBs May Lead to Crisis

"According to the latest numbers gathered by Pew Charitable Trusts, states collectively reported $749 billion in OPEB liabilities with only about $69 billion in assets to pay for them, resulting in a funding ratio of under 10%.... Pew developed a metric ... to measure whether a state's contributions are sufficient to keep the gap between OPEB assets and OPEB liabilities from growing on an annual basis.... [S]tates collectively fell short of the benchmark by $30 billion in 2019, with just 10 states meeting the benchmark."  MORE >>

InsuranceNewsNet.com

Employee Benefits Jobs

View job as Senior Lead Plan Administrator
for United 401(k) Plans, Inc.

Senior Lead Plan Administrator

United 401(k) Plans, Inc.

Remote / UT

View job as Senior Lead Plan Administrator for United 401(k) Plans, Inc.

Selected New Discussions

Error in Gross-Up of STD and LTD Premiums?

"I just recently started with a company and noticed that the company was grossing up STD and LTD premiums (adding the premiums into payroll and then deducting the same amount post tax), but it appears that the claims have been paid as if there was no gross-up (taxes were withheld and benefit was reported as taxable income) and the benefits broker has stated that the plans have always been quoted as non gross-up plans and that the plan documents would need to be updated to reflect this as being a gross-up plan. So my questions are this: -- What language specifically within the plan document(s) / contracts would need to change? I've never tried to compare language on a gross-up vs non gross-up plan? Is there typically language contained in the vendor contract the specifies if the plan(s) should be gross-up? -- For previous years, how or what type of correction should be done? Not sure if it makes sense to issue W2Cs for everyone, especially when everyone has already filed their tax returns. Can we simply make adjustments to the claims that were paid and that were improperly taxed? Anyone else experience this? Any suggestions on how to move forward?"

BenefitsLink Message Boards

National Medical Support Notice

"My client just recieved a NMSN for an employee on May 30th and the date on the NMSN in the top right corner is May 22nd (the date for which the letter was produced and sent I believe). The recieving department sent the notice to Human Reources (Also the Plan Administrator) in early June at which time the HR team deemed it was a legitimate notice. The earliest enrollment date would then be the first of the following month from my understanding, making the effective date 7/1? The Medical Carrier agreed that this effective date was properly determined, however the Dental & Vision carrier is saying that we have to make the benefits effective on 5/22 since that is the date on the NMSN. The Employer didn't even have the notice on 5/22 so this seems incorrect. Has anyone heard of a carrier doing this? Maybe it's an inexperienced employee at the carrier that we are dealing with or maybe I'm interpretting the NMSN instructions incorrectly."

BenefitsLink Message Boards

Press Releases

Vestwell Expands Pooled and Multiple Employer Plan Solutions

Vestwell

EPIC RPS Adds to its Sales Team

EPIC Retirement Plan Services

Webcasts and Conferences
(Health & Welfare Plans)

Benefits Briefing, Spring 2023

RECORDED

Nixon Peabody LLP

The Inflation Reduction Act’s Tax Credits: ERISA Plans, Tax Exempt Organizations, and Investors

June 28, 2023 WEBINAR

Groom Law Group

Last Issue's Most Popular Items

Text of IRS Notice 2023-37: Expenses Related to COVID-19 and for Preventive Care, for Purposes of High Deductible Health Plans (PDF)

Internal Revenue Service [IRS]

Can Self-Insured State and Local Governmental Plans Still Opt Out of Complying With Certain Group Health Plan Mandates? (PDF)

Thomson Reuters / EBIA

Court Concludes Benefits Committee Failed to Delegate Discretionary Authority

Thomson Reuters / EBIA

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

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