"[H]ighlights of the departments' actions in the proposed rules include: [1] Delineating a three-part test for imposing an NQTL on MH/SUD benefits.... [2] Adding a 'meaningful benefits' obligation.... [3] Specifying six elements required for a sufficient NQTL comparative analysis.... [4] Requiring certification of the comparative analysis by a named ERISA plan fiduciary.... [5] Illustrating how the proposed rules apply to NQTLs."  MORE >>

"There are four specific types of data that the departments will potentially require plans and insurers to collect regarding NQTLs related to network composition ... [T]he departments are considering requiring the relevant data to be collected and evaluated by TPAs or other service providers in the aggregate for all plans and policies that use the same network of providers or reimbursement rates. If the proposed rules are finalized, the departments will use the four types of data above to determine if a plan's or insurer's NQTLs related to network adequacy comply with MHPAEA."  MORE >>

"Notable provisions of the proposed rules include: [1] New application of the substantially all/predominant test.... [2] Data-collection requirements.... [3] Meaningful benefit requirement.... [4] Opt-out for governmental plans.... [5] New and expanded examples."  MORE >>

"There is no legal basis upon which CMS can rely in requesting this voluntary action by employers. In effect, CMS is asking employers to take this action because it believes that it is the 'right thing to do,' in light of the 'complex transition' ... 'and the importance of maintaining life-saving coverage for employees and their families.' From an ERISA standpoint, an employer wanting to implement this CMS recommendation would need to amend its plan"  MORE >>

"[California] employers with 25 or more employees must permit up to 40 hours of unpaid time off to parents for the following reasons: [1] To find, enroll, or reenroll their child in school or with a licensed childcare provider; [2] To participate in activities of the school or childcare provider; [3] To address a childcare provider or school emergency."  MORE >>

"[T]he Third Circuit noted that ... the company's assertion that it had simply eliminated Mr. Kairys' position was undermined by the fact that it soon 'borrowed' a replacement employee from a sister company. Furthermore, there was evidence that supported that the company was aware of the costs of Mr. Kairys' surgery and indeed had highlighted the invoices for the surgery and terminated him after reviewing the health insurance records and considering the financial impact of the surgery." [Kairys v. S. Pines Trucking, Inc., No. 22-1783 (3d Cir. July 25, 2023)]  MORE >>

"The first annual attestation is due December 31 of this year, and employers should take the following steps to prepare: [1] Ensure that contracts with health insurance TPAs and insurers do not contain prohibited provisions. [2] Confirm if your plan's insurer or TPA is submitting the GCPCA on behalf of the plan[.]"  MORE >>

"To understand the total cost of care, employers should look at the network and access.... If the care goes to a higher-cost provider, employers will be paying more for the health insurance plan even if a significant discount is offered. There are also always going to be network considerations depending on where the company is headquartered and employees live -- so, geography could be a significant factor in the cost of health insurance."  MORE >>

"A full 68% [of employees] are concerned that disclosing their mental health issues would harm their professional reputation. And 49% report work pressures and 42% say excessive workloads cause mental health struggles.... 66% have experienced work-related mental health problems in the past two years.... 60% say they've felt like their employer or colleagues are ignoring their mental health condition. 31% agree that the opportunity to take mental health days would positively change their well-being."  MORE >>

"Medicare and Medicaid patients will make up 92% of the market for lecanemab ... In addition to the company's $26,500 annual price tag for the drug, treatment could cost U.S. taxpayers $82,500 per patient per year, on average, for genetic tests and frequent brain scans, safety monitoring, and other care ... About 1 million Alzheimer's patients in the U.S. could qualify to use it."  MORE >>

"By reviewing demographic data, conducting employee surveys and performing benchmarking analysis, you can gain valuable insights into your employees' priorities. With the help of an expert, you can look into benefits solutions that address employee needs while remaining cost-effective."  MORE >>

"[T]wo in three employers [offer] tuition assistance to employees. However, adoption rates below 5% signal this isn't the benefit employees really want.... The vast majority of employees -- 86% -- say they'd commit to a job for five or more years if they received student loan repayment benefits. Yet only 8% of employers offer such a benefit. These statistics suggest there is a market gap, which gives companies offering these solutions a recruiting and retention advantage."  MORE >>

"83% of panelists agreed or strongly agreed that at least 10% of gig economy employers will offer contract workers voluntary payroll-deduction retirement savings mechanisms, such as IRAs, solo 401(k)s, and HSAs, by the end of 2026....  [E]mployers unable to provide work-from-home opportunities will need to enhance benefits packages and adopt flexible total rewards programs to attract and retain talent."  MORE >>