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Health & Welfare Plans Newsletter
August 9, 2023
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6 New Job Opportunities
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[Guidance Overview]
Illinois Expands Paid and Unpaid Leave Time
"With the Family Bereavement Leave Act (FBLA), Illinois has expanded upon the unpaid leave time provisions previously available in the Child Bereavement Leave Act.... [T]he Paid Leave Act ... demands that even employers located in certain municipalities or counties with
enacted local ordinances yet are not subject to those local ordinances for various reasons, will by default be subject to the Paid Leave Act." MORE >>
Fox Rothschild LLP
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[Guidance Overview]
Proposed Regs Clarify Requirements Under the Mental Health Parity and Addiction Equity Act
"[U]nder a rule specific to network composition, plans would be required to collect and evaluate additional data, including in-network and out-of-network utilization rates, time and distance data and data on providers accepting new patients to demonstrate compliance with the
parity requirements. In evaluating such data, the Departments would view higher rates of network usage for M/S benefits as compared to MH/SUD benefits as a sign of noncompliance." MORE >>
Slevin & Hart, P.C.
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[Guidance Overview]
As HIPAA Enforcement Discretion Ends, Telehealth and Other Healthcare Providers Reminded of Health Information Privacy and Security Obligations
"The end of enforcement discretion under the Telehealth Notification and the recent emphasis on tracking technology comes as cyber-attacks against the healthcare industry continue to present significant threats to patient safety, hospital operations and personal health
information.... While hospitals and health systems are often targeted, cyber criminals also exploit perceived security gaps in vendors and suppliers that access health information." MORE >>
Haynes and Boone, LLP
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Texas District Court Vacates Portions of Surprise Billing Rules
"The vacated provisions involve regulations on batching items or services for IDR payment determinations under the surprise medical billing rules and related guidance concerning application fees for the IDR process." [Texas Medical Association (TMA) v. HHS, No. 23-0059 (E.D. Tex. Aug. 3, 2023)] MORE >>
Thomson Reuters Practical Law
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Excessive Fee Litigation Spreads to Health Plans
"In recent months, plan sponsors of self-funded health plans have filed three cases against Aetna, Elevance, Inc. (formerly known as Anthem, Inc.), and Blue Cross Blue Shield of Massachusetts in their capacities as third-party administrators ('TPAs') under similar
theories of liability. Plan sponsors should consider performing audits of self-insured plan benefit claims to assess whether participants are being overcharged." MORE >>
Davis Wright Tremaine LLP
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What to Do When You Can't Attest
"Among other things, the Consolidated Appropriations Act (CAA) requires group health plans to attest that they are in compliance with the CAA's gag clause prohibition.... [W]hat's an employer to do if its plan is not in compliance? And what if the TPA or PBM doesn't
contractually restrict the data, but in practice restricts the data? Is it okay for a TPA or PBM to restrict information as long as they don't contractually do so?" MORE >>
Chelko Center for Benefits Management
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Hospital Prices for Commercial Plans Are Twice Those for Medicare Advantage Plans When Negotiated by the Same Insurer
"[The authors] investigated the ratio of commercial-to-MA prices negotiated by the same insurer, in the same hospital and for the same services, using 2022 price information disclosed by hospitals in compliance with the hospital price transparency rule. Insurers negotiated median
hospital prices for commercial plans that were two to three times higher than their MA prices in the same hospital for the same service. The median commercial-to-MA price ratio in the same hospital varied, from 1.8 for surgery and medicine services to 2.2 for laboratory tests and emergency department visits and 2.4 for imaging services." MORE >>
Health Affairs Forefront
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Congress Leaves for August as Clock Ticks Down on Health Policy Bills
"Notwithstanding broad agreement on reforms affecting employer plans, there are differences and jurisdictional issues in the committee-passed bills that need to be reconciled within and between the House and Senate before a final package can be sent to the president.... [A]ny
final action on PBM reforms and other proposals to enhance healthcare transparency and competition may have to wait until late this year." MORE >>
Mercer
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[Opinion]
A Proposed Rule to Make Mental Health Parity a Reality
"At its core, the proposed rule focuses on ensuring that Americans do not face roadblocks and barriers to getting mental health and substance use disorder treatment that they don't face when seeking medical benefits. Consistent with this goal, the proposed rule would also
require health plans and insurance companies to show their MHPAEA compliance -- not just with words -- but with data ... The proposed rule also specifically focuses on how plans construct their provider networks[.]" MORE >>
Lisa M. Gomez, Acting Secretary, U.S. Department of Labor [DOL]
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Employee Benefits Jobs |
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Press Releases |
Tracy Walters McCormack, Esq., Joins JAMS in Austin
JAMS
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Webcasts and Conferences (Health & Welfare Plans) |
It's A Government Healthcare Complex: Craig Gottwals Talks To A&G
RECORDED
Benefit Revolution
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Last Issue's Most Popular Items |
Proposed Mental Health Parity Rule Signals Significant Updates to Longstanding Requirements
Lockton
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Departments Provide Some Clarity on Mental Health Parity Compliance
Morgan Lewis
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New MHPAEA Guidance Released
Thompson Hine
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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