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Health & Welfare Plans Newsletter

July 13, 2023

 

[Guidance Overview]

Proposed Regs Would Limit STLDI, Curtail Fixed Indemnity as Excepted Benefits, Make Tax Treatment Clarifications

"Although the STLDI and fixed indemnity proposals follow from a 2022 executive order and come as no surprise, they would have far-reaching implications for some benefit designs. Also worth noting is a comment request on level-funded plan arrangements. These self-insured arrangements -- with set monthly plan sponsor payments to a service provider to cover estimated claims and administrative costs -- are reportedly increasing, and the agencies seek to better understand their designs and whether additional guidance is needed to clarify the plan sponsor's obligations."  MORE >>

Thomson Reuters / EBIA

[Guidance Overview]

Agencies Issue ACA FAQs Part 60

"[The FAQ] clarifies the price comparison information required to be made available to individuals beginning on January 1, 2024.... FAQs 60 also clarifies the extent to which a provider is considered to have a contractual relationship with an insurer and must be considered in-network for the required limits under the Patient Protection and [ACA's] maximum out-of-pocket limits."  MORE >>

Jackson Walker

[Guidance Overview]

FAQs (Part 60) Address Interaction of Surprise Billing Rules with ACA Cost-Sharing and Transparency Requirements (PDF)

"While these FAQs provide a few clarifications, many open questions remain about the surprise billing rules and their overlap with preexisting ACA requirements. In particular, the requirement to provide an advanced explanation of benefits bears many similarities to the individual cost-sharing disclosure requirements in the existing TiC regulations."  MORE >>

Thomson Reuters / EBIA

[Guidance Overview]

COVID Testing and Treatment Are No Longer 'Preventive' Starting in 2025

"IRS Notice 2023-37 [provides] that COVID testing and treatment are not preventive care. This means they can only be provided under a high deductible health plan ('HDHP') on a first dollar basis by plans which plan years end no later than December 31, 2024. HDHPs that continue to cover these services on a first dollar basis will cause their participants to be ineligible to contribute to health savings accounts (HSAs)."  MORE >>

HUB International

[Guidance Overview]

Connecticut Expands Permitted Uses of Paid Sick Leave for Service Workers

"[T]he new law provides the following two new circumstances in which a service worker can use paid sick leave: [1] For a 'mental health wellness day,' ... [2] Where a service worker is the parent or guardian of a child who is a victim of family violence or sexual assault, for (a) medical care or psychological or other counseling for physical or psychological injury or disability, (b) obtaining services from a victim services organization, (c) relocating due to such family violence or sexual assault, or (d) participating in any civil or criminal proceedings related to or resulting from such family violence or sexual assault."  MORE >>

Jackson Lewis P.C.

[Guidance Overview]

Maine Enacts Sweeping Paid Family and Medical Leave Law

"The plan permits employees to take leave to care for any individual with whom they have 'a significant personal bond that is or is like a family relationship regardless of biological or legal relationship.' Employees can take paid leave immediately after starting employment."  MORE >>

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

[Guidance Overview]

Fixing the ACA's Family Glitch (PDF)

"While it is not unusual for an administrative agency to modify or change a regulatory position over time, usually in response to changing circumstances, an outright reversal is less common. The IRS made the complete about-face after receiving 3,888 comments on the proposed regulations, most of which supported the change. This article examines the rationale advanced by the IRS in support of its changed position in the matter of the 'family glitch.' It also considers how the IRS's position might fare if challenged in the wake of West Virginia v. EPA"  MORE >>

McDermott Will & Emery LLP, via Bloomberg Law

Fiduciaries Consider Options as Health Plan Litigation Froths Up

"[T]his new era of information transparency has spurred a small but growing stream of lawsuits. Surprisingly though, the plaintiffs in these suits are plan sponsors (or their committees) in their role as plan administrator, as opposed to plan participants, and the defendants are health plan third-party administrators rather than the plans themselves. In light of these recent lawsuits, this post focuses on fiduciary considerations for health plans in this new era of fee and price transparency."  MORE >>

Seyfarth

Education and the Workforce Committee Passes Landmark Health Care Package

"The package includes four bills: [1] Transparency in Billing Act [HR 4509] ... [2] Transparency in Coverage Act [HR 4507] ... which provides consumers with price transparency for medical services and prescription drugs [and] brings much needed light to Pharmacy Benefit Managers' (PBMs) business practices ... [3] Health DATA Act [HR 4527] ... Ensures health plan fiduciaries are not contractually restricted from receiving cost or quality of care information about their plan. [4] Hidden Fee Disclosure Act [HR 4508] ... Strengthens requirements that PBMs and Third-Party Administrators (TPAs) disclose compensation to plan fiduciaries."  MORE >>

Committee on Education and the Workforce, U.S. House of Representatives

How Clinical Informatics Can Uncover Major Saving Opportunities in Healthcare Plans

"Analyzing healthcare plan data shows the direction of spending and care, but it takes clinical informatics to understand why those trends are occurring -- and to find the most cost-effective ways to deliver care for plan sponsors."  MORE >>

HUB International

Retirees Spend Less on Medications as Other Medical Costs Rise

"Today's retirees typically spend about a third less on medical care than retirees did back in 2004 ... Workers who are over 55 but not yet eligible for Medicare are spending somewhat less too. Two policies have reversed the trend of years of rising costs: the introduction of Medicare's Part D prescription drug coverage and the [ACA] ... But behind the 20-year decline in healthcare spending, adjusted for inflation, is another fact of life: healthcare costs increase as people age, and some people are luckier than others."  MORE >>

Center for Retirement Research at Boston College

[Opinion]

Diverse Coalition of Nearly 2,000 Organizations Urges Swift Passage of PBM Reform Measures While Preserving States' Rights

"Nearly 2,000 employers, patient advocates, pharmacies, providers and businesses sent a letter to Congress [on July 12,] strongly urging passage of pharmacy benefit manager (PBM) reform legislation that would address the anticompetitive practices of some PBMs while bringing greater transparency to the pharmaceutical supply chain."  MORE >>

National Community Pharmacists Association [NCPA]

Benefits in General

Talent Competition Shapes Employer Benefit Strategies

"As companies grapple with attracting and retaining key talent, investment in employee benefits remains a key priority for most U.S. employers; however, many still face cost challenges as benefit expenses continue to rise ... Almost two-thirds (65%) of employers feel that their current benefit plan is effective or highly effective in attracting and retaining key talent, and half (49%) are focused on their benefit plans meeting needs across all employees. As they look to meet these needs, employers plan to improve their benefits position in financial wellbeing (43%) and mental health support (37%)."  MORE >>

Willis Towers Watson

Press Releases

PenChecks, Inc. Hires New West Regional Director

PenChecks Trust

Alera Group Expands Retirement Plan Services Team in West Region

Alera Group

Nava Benefits Acquires Award-Winning Benefits Brokerage to Scale Its Modern Benefits Experience for Midsize Employers

Nava Benefits

Prudential and Nayya Partner to Bring Personalized Benefits to Millions of American Employees

Prudential Financial, Inc.

Webcasts and Conferences
(Health & Welfare Plans)

Wait, What's a PBM?

July 13, 2023 PODCAST

KFF Health News

Health Care Quality May Put Employers at Risk

July 19, 2023 WEBINAR

Leapfrog Group

2023 DMEC Annual Conference

August 14, 2023 in CA

Disability Management Employer Coalition [DMEC]

2023 DMEC Virtual Annual Conference

September 20, 2023 VIRTUAL CONFERENCE

Disability Management Employer Coalition [DMEC]

2023 On-Site Employee Health Clinics Congress

October 26, 2023 in FL

BRI Network

Last Issue's Most Popular Items

Agency FAQs Close a Gap Between No Surprise Billing Rules and ACA Cost-Sharing Limits

Ballard Spahr LLP

Domestic Partner Benefits Remain Popular But Present Challenges

Mercer

IRS Takes Aim at Fixed Indemnity Coverage: Proposed Rules Would Not Allow Coverage Paired with Skinny MEC

Lockton

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

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