50 presentation slides. Topics: [1] Washington update; [2] 2023 Short-term limited duration and fixed indemnity proposed regulations; [3] 2023 Mental health parity proposed regulations; [4] Case developments: Mulready and others; [5] Grab bag report and reminders.  MORE >>

"This new requirement would provide that the plan or issuer designing and applying an NQTL collect and evaluate relevant data to assess the impact of the NQTL on access to MH/SUD and M/S benefits.... The proposed regulations would make compliance depend on outcomes. This position represents a significant shift in, if not an outright reversal of, existing law."  MORE >>

"[This] Compliance Timeline explains key compliance deadlines for employer-sponsored group health plans for the months of September through December 2023."  MORE >>

"[1] Filing exceptions ... [2] Self-funded plans.... [3] IRS Form 5500 and Schedule A information.... [4] One or multiple 5500s? ... [5] What if I haven't filed 5500s when I should have? ... [6] Who prepares the IRS Form 5500?.... [7] When is the IRS Form 5500 due?"  MORE >>

"Although there is no federal law covering school activity leave, eight states -- California, Illinois, Massachusetts, Minnesota, Nevada, North Carolina, Rhode Island, and Vermont -- and the District of Columbia require covered private employers to provide leave for parents to attend school or day care activities; Louisiana, Oregon, and Tennessee encourage, but do not require, employers to provide leave for school activities.... This article provides] a summary of state laws requiring school-activity leave, some of which have recently been updated."  MORE >>

"[T]he court held that, even though the COBRA regulations refer to 'notice' in the singular, nothing prohibits an employer from providing multiple notices that together meet the notice content requirements. The court further held that the employees had not adequately explained how the combined notices failed to meet those requirements.... The court dismissed all but one claim -- an allegation that the notices provided an inaccurate election deadline for one employee whose qualifying event occurred during the COVID-19 outbreak period." [Bryant v. Walgreen Co., No. 23-1294 (N.D. Ill. Aug. 29, 2023)]   MORE >>

"Although the plan used two different sets of guidelines to review the two types of claims, the court found the guidelines comparable in that [1] the plan applied an identical definition of 'medically necessary' to both types of benefits; [2] the guidelines used for applying the medical necessity limitation were developed using similar processes; and [3] the differences between the guidelines were insufficient to show disparity." [L.D. v. United Healthcare Insurance, No. 21-00121 (D. Utah Jul. 28, 2023)]  MORE >>

"Following the decision, the Departments froze the bulk of the arbitration process. Currently, parties may only continue with negotiations and respond to requests for information from IDREs entity. IDREs may only proceed with eligibility determinations for single and bundled disputes submitted on or before August 3, 2023; all other steps of the process involving IDREs are on hold, and it is unclear how the Departments will respond to this most recent setback." [Texas Medical Association v. HHS, No. 22-560 (E.D. Tex. Aug. 24, 2023)]  MORE >>

"Litigation over the NSA highlights areas in which the law grants or potentially grants the tri-agencies with authority to implement a range of policy choices within the statutory parameters, as well as potential areas of statutory ambiguity.... To the extent Congress determines that the relevant range of policy choices should be limited or expanded, or that the law should be otherwise clarified, Congress may amend the NSA to alter its scope or method of implementation." [LSB11036 Sep.7, 2023]  MORE >>

"[E]ven those employees who are not given access to protected health information should be trained in HIPAA compliance ... The goal should be to find snooping employees as soon as possible before they continue with the habit out of curiosity or for criminal reasons. Even the best training program cannot prevent snooping."  MORE >>

22 pages. "In summer 2023, several drug manufacturers and trade associations representing manufacturers challenged the law before federal district courts across the country.... This report explains and contextualizes the plaintiffs' constitutional claims by analyzing relevant U.S. Supreme Court jurisprudence.... The report concludes by identifying relevant considerations for the 118th Congress as the litigation proceeds. At least one drug manufacturer has filed a preliminary injunction, seeking to halt CMS's implementation of the program until the litigation is resolved." [R47682 Sep. 6, 2023]  MORE >>

"Deliver adequate training and awareness to all managers and leaders around how to talk to employees about their specific work/life needs.... Provide flexibility in scheduling.... Ensure company policies around flexibility are inclusive of all employees."  MORE >>

"Beginning January 1, 2024, users of the DOL's EFAST filing system will be required to access EFAST using login.gov.... [E]xisting users will need to create an account on login.gov that can be linked to an existing EFAST account.... This year, the PBGC is expected to adopt the login.gov sign-on system for its e-Filing Portal. The PBGC will contact users who have existing e-Filing accounts about the change."  MORE >>