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Health & Welfare Plans Newsletter
October 17, 2023
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3 New Job Opportunities
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[Guidance Overview]
Agencies Issue Additional FAQs Regarding the Transparency in Coverage Final Rules
"[FAQs Part 62] specifically addresses the provisions of the TiC final rules requiring plans and
carriers to post machine-readable files for in-network negotiated rates and historical net prices for all covered prescription drugs by plan or issuer at the pharmacy location level. It also covers the status of a previously announced enforcement safe harbor applicable to in-network provider rates for covered items and services which allowed plans with percentage-of-billed-amount contracts or other alternative reimbursement arrangements to
report this information differently if the dollar amount could not be determined in advance." MORE >>
Woodruff Sawyer
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[Guidance Overview]
Important Massachusetts PFML Updates Effective November 1
"Effective Nov. 1, 2023, the Massachusetts Paid Family Medical Leave (PFML) law will ... allow employees to use accrued paid leave ... to supplement PFML benefits at any time during leave.... [E]mployees will be able to use accrued PTO and other employer-provided
paid leave to 'true up' their PFML benefit payments, rather than forfeiting those payments. The Department of Family and Medical Leave has also announced the new contribution and benefit amounts for 2024." MORE >>
Armstrong Teasdale
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[Guidance Overview]
California Employers Must Provide Five Days of Paid Sick Leave Starting January 1, 2024
"SB 616 increases the number of paid sick leave days an employer must provide eligible employees each year from three days/24 hours to five days/40 hours.... Accrued paid sick leave requirements, including the annual usage cap, will increase.... The carry over accrual cap will
also increase but can be capped for employees who receive their sick leave in the beginning of the year.... SB 616 preempts local ordinances.... SB 616 maintains the CBA exemption, with a twist." MORE >>
Hanson Bridgett LLP
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Ninth Circuit: Civil Penalty Provisions of San Francisco Health Airport Ordinance Defeat Market-Participant Exception to Federal Preemption
"[E]mployers and their associations have been stopped by Ninth Circuit courts when they attempted to argue state and local benefits laws are preempted by ERISA and other federal laws due to the market-participant exception to preemption. The Ninth Circuit has now rejected the
market-participant exception ... at least based on the penalty provisions of the San Francisco law.... [T]he case may provide a roadmap for employers who want to challenge state and local benefits laws in the future." [Airlines for America v. City and County of San
Francisco, No. 22-15677 (9th Cir. Aug. 29, 2023)] MORE >>
Seyfarth
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Pharmacy Benefit Manager Reform: What's on the Horizon? (PDF)
"PBMs are under increased scrutiny from policymakers due to the perceived opaqueness of their operations and their perceived role in increasing drug costs. As part of this scrutiny, Congress and other stakeholders are raising questions about PBMs' impact on drug prices and
out-of-pocket costs for patients. In the 118th Congress, several key committees have advanced legislation that would increase PBM transparency and reporting obligations and modify other business practices." [Chart provides side-by-side comparison of three House and three Senate proposals.] MORE >>
McDermott Will & Emery LLP
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Post-Acute COVID-19 Mortality and Morbidity Effects
"What has been particularly notable about COVID-19, in contrast with recent influenza pandemics, is the development of persistent adverse health effects in a portion of infected individuals, ranging from disparate symptoms, such as cough and fatigue, to new onset disease and
premature mortality. This white paper investigates the emergence of excess mortality and new-onset disease resulting in insurance underwriting significance beyond 30 days from the time of infection." MORE >>
Milliman
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Benefits in General |
[Official Guidance]
IRS Extends Disaster Relief for California Storm Victims
"[M]ost individuals and businesses in California will now have until Nov. 16 to file their 2022 returns and pay any tax due. Fifty-five of California's 58 counties -- all except Lassen, Modoc and Shasta counties -- qualify. IRS relief is based on three
different FEMA disaster declarations covering severe winter storms, flooding, landslides, and mudslides over a period of several months." MORE >>
Internal Revenue Service [IRS]
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Employee Benefits Jobs |
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Press Releases |
The Waterford Group, an Alera Group Company, Adds Retirement Plan Consultant
Alera Group
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Enterprise Iron and Wirall Forge a Strategic Partnership to Revolutionize Client Solutions
Enterprise Iron
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Webcasts and Conferences (Health & Welfare Plans) |
Transparency and Other New Rules for Employee Health and Welfare Plans: Important Updates to Plan Service Agreements
November 8, 2023 WEBINAR
Frost Brown Todd LLC
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Last Issue's Most Popular Items |
New Mental Health Parity Guidance Creates More Work, Cost, and Risk for Plan Sponsors
Davis Wright Tremaine LLP
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Fiduciary Oversight of Pharmacy Benefit Managers
Nixon Peabody LLP
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Class Action Lawsuit Filed Against Health Insurers for Not Covering Obesity Treatment
Salontz & Kirk, P.A.
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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