logo logo

Health & Welfare Plans Newsletter

October 17, 2023

3 New Job Opportunities 3 New Job Opportunities


[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

[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

[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

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 >>


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

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 >>


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]

Employee Benefits Jobs

View job as Compensation & Benefits Tax Manager/ Senior Manager
            for Eide Bailly LLP

Compensation & Benefits Tax Manager/ Senior Manager

Eide Bailly LLP

Remote / AZ / CA / CO / IA / ID / MN / MT / ND / NE / NV / SD / TX / UT / WA / WY

View job as Compensation & Benefits Tax Manager/ Senior Manager for Eide Bailly LLP

View job as Cash Balance Defined Benefit Plan Actuarial Associate
            for Cash Balance Actuaries, LLC

Cash Balance Defined Benefit Plan Actuarial Associate

Cash Balance Actuaries, LLC


View job as Cash Balance Defined Benefit Plan Actuarial Associate for Cash Balance Actuaries, LLC

View job as Retirement Plan Relationship Manager
            for ERISA Services, Inc.

Retirement Plan Relationship Manager

ERISA Services, Inc.


View job as Retirement Plan Relationship Manager for ERISA Services, Inc.

Press Releases

The Waterford Group, an Alera Group Company, Adds Retirement Plan Consultant

Alera Group

Enterprise Iron and Wirall Forge a Strategic Partnership to Revolutionize Client Solutions

Enterprise Iron

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

Last Issue's Most Popular Items

New Mental Health Parity Guidance Creates More Work, Cost, and Risk for Plan Sponsors

Davis Wright Tremaine LLP

Fiduciary Oversight of Pharmacy Benefit Managers

Nixon Peabody LLP

Class Action Lawsuit Filed Against Health Insurers for Not Covering Obesity Treatment

Salontz & Kirk, P.A.

Unsubscribe  |   Change Email Address

Search Past Issues   |   Privacy Policy

Submit an Article   |   Contact Us   |   Advertise Here

Copyright 2023, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.

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

Links to web sites other than and are offered as a service to our readers. We are not involved in their production and are not responsible for their content.