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Health & Welfare Plans Newsletter

July 19, 2023

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[Official Guidance]

Text of CMS Summary Report of 2021 Benefit Year Risk Adjustment Data Validation Adjustments to Risk Adjustment State Transfers (PDF)

24 pages. "This report sets forth by HIOS ID and state market risk pool the applicable adjustments to 2021 benefit year risk adjustment state transfers based on the 2021 benefit year HHS-RADV results.... These HHS-RADV adjustment amounts will be collected ... in the fall of 2023[.]" [Also available: Appendix A: Issuer-Specific 2021 HHS-RADV Adjustments to 2021 Risk Adjustment State Transfer for Non-Merged Market States (XLSX); Appendix B: Issuer-Specific 2021 HHS-RADV Adjustments to 2021 Risk Adjustment State Transfers for Merged Market States (XLSX); Appendix C: HHS-Operated Risk Adjustment Program State-Specific Data (XLSX)]  MORE >>

Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]

[Guidance Overview]

Agencies Propose Overhaul of Fixed-Indemnity Plan Rules

"If finalized, the changes may require many employers to modify certain plan designs and administrative processes. In particular, employers could no longer offer a preventive services plan and a group hospital fixed-indemnity plan to the same group of employees."  MORE >>

Mercer

[Guidance Overview]

My Insurance Doesn't Cover That? Agency Guidance on 'Junk Insurance'

"The guidance proposes [1] changes to what qualifies as short-term, limited-duration insurance, [2] amendments to the requirements for independent, non-coordinated coverage, and fixed indemnity insurance to be considered an 'excepted benefit', and [3] clarifications of the tax treatment of fixed amount benefit payments under employment-based accident and health plans.... By clarifying the limitations of these types of coverage and the corresponding tax treatment, the agencies hope to make it harder to market these types of policies as comprehensive healthcare coverage or as a valid tax-avoidance arrangement."  MORE >>

Seyfarth

[Guidance Overview]

High Deductible Health Plan First Dollar Coverages in Flux

"A recent string of lawsuits, regulatory guidance, and market trends have dramatically impacted the types of services that enjoy first dollar coverage under high deductible health plan (HDHP) and health savings account (HSA) offerings. Plan sponsors, third party administrators, and plan service providers should pay special attention to plan designs moving forward to ensure recent events do not ruin HDHP members' ability to make or receive pre-tax contributions into their HSAs."  MORE >>

Foley & Lardner LLP

[Guidance Overview]

OIG Issues Final Rules for Information Blocking Penalties

"The [Civil Monetary Penalty (CMP)] Final Rule authorizes the OIG to impose CMPs against Developers and HIN/HIEs who commit information blocking, with penalties of up to $1 million per violation.... In the preamble to the CMP Final Rule, the OIG notes that information blocking 'poses a threat to patient safety and undermines efforts by providers, payers, and others to make the health system more efficient and effective' and 'may also constitute an element of a fraud scheme, such as by forcing unnecessary tests or conditioning information exchange on referrals.' "  MORE >>

Akerman

[Guidance Overview]

Maine Passes Paid Family and Medical Leave Program

"The program covers up to 12 weeks of paid family leave and 12 weeks of paid medical leave, with a total of no more than 16 weeks of leave allowed in a 12-month period beginning on the first day an employee files for leave. Leave can be taken incrementally in periods of no less than 8 hours."  MORE >>

Sequoia

HIPAA Business Associates: Not Just Your Usual Suspects

"Some common, but often not considered, business associates include legal counsel, auditors, billing companies and accountants, copier/printer/scanner vendors, IT contractors, answering services, external benefit call centers, shredding service providers, offsite storage providers, cloud storage services, email encryption services, and web hosts.... [It] is important to review your processes, policies and procedures periodically and consider if you have accounted for all your business associates."  MORE >>

Buck

Choosing a Mental Health Solution for Your Employee Benefits Program

"[Q]questions you may ask about a plan include: [1] Does it require a contract for a specified amount of time? [2] Does the plan have providers as part of its own network? Does it offer psychiatry sessions at an additional cost? [3] Can the plan be purchased as a stand-alone? Or can it be included as a service to augment a more traditional EAP with a wider range of services? [4] Do you need a vendor with a national network?"  MORE >>

Woodruff Sawyer

CalPERS Announces Health Plan Premiums for 2024 Along with Expanded Cost-Saving Options for Members

"Basic (non-Medicare) plans will increase 10.95% overall. Members enrolled in CalPERS' Basic Health Maintenance Organization (HMO) plans will have an average premium increase of 10.50%. Preferred Provider Organization (PPO) Basic plans will have an overall increase of 12.17%. Medicare plan premiums will rise 9.55% overall."  MORE >>

California Public Employees' Retirement System [CalPERS]

Employee Benefits Jobs

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for Sacramento County Employees' Retirement System (SCERS)

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Sacramento County Employees' Retirement System (SCERS)

Sacramento CA

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Press Releases

HBL Certified by the Women’s Business Enterprise National Council

Hall Benefits Law

Last Issue's Most Popular Items

Agencies Provide No Surprises Act Guidance on Out-of-Pocket Maximums and Facility Fees

Ogletree Deakins

The Benefits of Direct Primary Care for Employers and Multi-Employers

Bolton

CMS Proposed Regs Seek to Strengthen Hospital Price Transparency Requirements

Healthcare Financial Management Association [HFMA]; free registration required

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

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