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Health & Welfare Plans Newsletter

September 18, 2023

4 New Job Opportunities 4 New Job Opportunities


[Guidance Overview]

Upcoming Deadline icon Medicare Part D Notices Due October 15

"The notice requirement applies to all employers who offer prescription drug coverage, regardless of size, whether insured or self-funded or ACA grandfathered status. It also applies whether the prescription drug coverage is standalone or integrated into another plan, such as a medical plan."  MORE >>

Kushner & Company

[Guidance Overview]

Upcoming Key Compliance Deadlines and Reminders for Fourth Quarter 2023

"The fourth quarter is often the busiest time of year in the employee benefits business, with preparations for annual open enrollment adding extra tasks to HR teams' day-to-day operations.... [This] fourth quarter guide is categorized by federal and state deadlines, in chronological order."  MORE >>


[Guidance Overview]

California State Legislature Passes Amendments to Statewide Paid Sick Leave Law

"The proposed amendment increases the annual amount of California paid sick leave from three days or 24 hours, to five days or 40 hours for eligible employees.... The proposed amendment also raises the California paid sick leave accrual cap from 48 hours to 80 hours. Unless Governor Gavin Newsom vetoes the bill (which is not expected), the amendment will take effect on January 1, 2024."  MORE >>

Seyfarth Shaw LLP

Global Average Medical Trend Rate Expected to Reach 10.1 Percent in 2024, Surpassing 2023 Rate

"The trend rate figures represent the percentage increases in medical plan unit costs -- insured and self-insured -- that are anticipated to be required to address projected price inflation, technology advances in the medical field, plan utilization patterns and cost shifting from social programs.... The top medical conditions driving medical plan costs are consistent with 2023 and include: Cancer/tumor growth ... Cardiovascular ... High blood pressure/hypertension."  MORE >>


District Court Critiques Doctor's Bias in Denying Disability Claims

"AT&T had based its decision on a paper review of the medical evidence performed by Dr. Howard Grattan, whose opinion was challenged due to his frequent retention in AT&T disability claims. Further, although AT&T's claim administrator ... referred Chacko to a vendor for representation in relation to applying for Social Security disability benefits, AT&T ignored the outcome of that proceeding in favor of Chacko and never obtained a copy of the Social Security claim file from its vendor to understand the basis of that determination. The court extensively discussed Grattan's potential conflict of interest." [Chacko v. AT&T Umbrella Benefit Plan No. 3, No. 19-1837 (E.D. Cal., Sep. 7, 2023)]  MORE >>

DeBofsky Law

L.A. Care to Pay $1.3 Million Settlement Over HIPAA Violations: What You Need to Know

"The underlying events originated with an incident in January 2014, in which L.A. Care's payment portal allowed members to view the names, addresses and member identification numbers of other members. This incident was reported in an online article in March 2014 ... HHS initiated its investigation in January 2016 based on the March 2014 article, apparently (and notably) not because L.A. Care notified it and/or the affected individuals of the breach."  MORE >>

Fox Rothschild LLP

Benefits in General

AI Is Radically Transforming Benefit Plan Management (PDF)

"Many plan committees are still digesting the cybersecurity guidelines issued by [EBSA] in 2021, only to be confronted by an explosion of concerns over the proliferation of AI apps in the hands of plan participants and AI-enabled systems coming into service with recordkeepers, payroll providers, health systems, and other vendors. Few fiduciary committees have fully realized AI's impact.... This article discusses initiatives that can help fiduciaries and suggests a course of action to benefit from them."  MORE >>

Roland Criss, via Journal of Compensation and Benefits

Supreme Court Asked to Weigh in on Arbitration, Again

"The justices have scheduled a Sept. 26 conference to determine if they will take the case ... The Supreme Court declined without comment to review petitions about arbitration in ERISA disputes in February 2019 ... and in January 2023 ... In both instances, employers sought to overturn pro-plaintiff rulings by federal appeals courts that said arbitration provisions in individual employment contracts didn't apply to class-action complaints under ERISA.... The Argent case is different because the arbitration agreement is inserted in Envision's employee stock ownership plan, an ERISA-protected defined contribution plan. Argent is the trustee." [Harrison v. Envision Mgmt. Holding, Inc. Bd. of Directors, No. 22-1098 (10th Cir. Feb. 9, 2023; cert. pet. filed Jul. 7, 2023)]  MORE >>

Pensions & Investments

Employee Benefits Jobs

View job as Team Leader - Compliance & Relationship Management
            for Compass Retirement Consulting Group, Inc.

Team Leader - Compliance & Relationship Management

Compass Retirement Consulting Group, Inc.


View job as Team Leader - Compliance & Relationship Management for Compass Retirement Consulting Group, Inc.

View job as Defined Benefit Software Support Specialist / Senior Actuarial Analyst
            for ASC - Actuarial Systems Corporation

Defined Benefit Software Support Specialist / Senior Actuarial Analyst

ASC - Actuarial Systems Corporation

Remote / Sylmar CA

View job as Defined Benefit Software Support Specialist / Senior Actuarial Analyst for ASC - Actuarial Systems Corporation

View job as Manager, Retirement Services Compliance
            for Insperity

Manager, Retirement Services Compliance


Kingwood TX / Hybrid

View job as Manager, Retirement Services Compliance for Insperity

View job as Product Support Specialist - DC Compliance
            for Wolters Kluwer -

Product Support Specialist - DC Compliance

Wolters Kluwer -


View job as Product Support Specialist - DC Compliance for Wolters Kluwer -

Press Releases

New Digital Benchmarking Research Identifies Fidelity, Empower, TIAA and T. Rowe Price as Top for Retirement Plan Participant Digital Experience

Corporate Insight

HUB International Launches HUB Retirement Select 100+ Pooled Employer Plan

HUB International

Kantor & Kantor, LLP Attorneys Named Among 2024 Best Lawyers in America® and Best Lawyers: Ones to Watch® in America

Kantor & Kantor LLP

Webcasts and Conferences
(Health & Welfare Plans)

Navigating the Latest Form 5500 Updates for Employee Benefit Plans



Litigation Trends That Are Reshaping Health Plans

September 20, 2023 WEBINAR

Groom Law Group

Last Issue's Most Popular Items

IRS Makes It More Difficult to Meet ACA Affordability Safe Harbors in 2024

Snell & Wilmer

October 15 Deadline for Medicare Part D Notice


DOL Extends Grace Period for Obtaining Credentials for EFAST2 Filing System Until End of 2023 (PDF)

Thomson Reuters / EBIA

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

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