logo logo

Trusted Since 1995

Health & Welfare Plans Newsletter

November 9, 2023

2 New Job Opportunities 2 New Job Opportunities


[Official Guidance]

Text of Instructions for 2023 IRS Form 8889: Health Savings Accounts (HSAs) (PDF)

"What's New: [1] Notice 2023-37 ...modified Notice 2020-15 and clarified the definition of preventive care ... [2]Telehealth and other remote care extended.... [3] Insulin products ... [4] Q&As on certain qualified medical expenses."  MORE >>

Internal Revenue Service [IRS]


2024 Onsite Employee Health Clinics Summit (February 1-2, 2024; Scottsdale, AZ)

The Leading Forum on Building & Expanding On-Site Health Clinics – Incorporating Strategies that Reduce Costs, Ensure Employee Satisfaction and Positively Impact Patient Behavior

Sponsored by World Conference Forum

[Guidance Overview]

Planning for 2024: Compliance for Health and Welfare Benefit Plans

"[1] Mental Health Parity and Addiction Equity Act (MHPAEA) non-quantitative treatment limit (NQTL) comparative analysis ... [2] Prescription drug data collection ... [3] Gag clause attestation ... [4] Broker and consultant compensation disclosures ... [5] ACA form distribution ... [6] Telehealth HSA relief ... [7] Updated 2024 benefit limits ... [8] Overview of significant health and welfare benefit plan compliance tasks."  MORE >>


[Guidance Overview]

CMS FAQs Address Imposition of Penalties for MSP Reporting Violations (PDF)

"The FAQs confirm that the regulations do not alter the reporting requirements in any way. According to the FAQs, the regulations will apply beginning October 11, 2024, meaning that the earliest a penalty may be imposed is October 2025. "  MORE >>

Thomson Reuters / EBIA

[Guidance Overview]

California Requires Employers to Provide Leave for Reproductive Loss

"Beginning January 1, 2024, employers will be required to grant a broadly defined group of eligible employees up to five days of reproductive loss leave, potentially without documentation verifying an employee's eligibility for leave."  MORE >>


Class Action Alleging Discriminatory Coverage of Fertility Treatment Survives Dismissal (PDF)

"While acknowledging that intentional discrimination may be hard to prove, the court concluded that the participant had adequately alleged that the policy discriminated against certain participants based only on their sexual orientation.... In a footnote, the court acknowledged, but declined to follow, another court's conclusion that Section 1557 does not prohibit discrimination on the basis of sexual orientation." [Murphy v. Health Care Serv. Corp., No. 22-2656 (N.D. Ill. Oct. 17, 2023)]  MORE >>

Thomson Reuters / EBIA

DOL Settles Cross-Plan Offsetting Case

"DOL and plaintiffs' counsel representing participants and beneficiaries who have brought ERISA class action lawsuits related to the practice of cross-plan offsetting have yet to put forth in public complaints or otherwise data indicating that participants and beneficiaries have, in fact, suffered financial harm from the practice of cross-plan offsetting ... The outreach to participants and beneficiaries and the reporting required under this settlement with Emblem may answer this question once and for all, and that answer will impact how attractive these cases will be for both DOL and the plaintiffs' bar."  MORE >>

Miller & Chevalier

Senate Votes to Reform PBMs

"[The] Better Mental Health Care, Lower-Cost Drugs and Extenders Act, when included with provisions from the Modernizing and Ensuring PBM Accountability (MEPA) Act from earlier this year, would introduce more transparency and regulation surrounding PBMs."  MORE >>


Hospital Pricing Information Consistent Between Transparency-In-Coverage Data and Other Commercial Data Sources

"Recently, discrepancies have been identified between TiC data and the actual commercial claims for several small self-insured employers. However, it remains unclear whether prices disclosed in TiC data sets are comparable to prices disclosed in other national data sets"  MORE >>

Health Affairs Forefront

Why Pet Insurance Is Gaining Popularity as an Employee Benefit

"Pet ownership comes with its own set of expenses, and by providing pet insurance, employers can help prepare their employees for the unexpected, reducing the likelihood that they'll face financial stress due to unexpected vet bills.... Forty-five percent of pet owners will spend the same amount or even more on their animal's health care than on their own ... 50% of dog owners express concerns about their ability to cover unforeseen veterinary expenses."  MORE >>

HR Daily Advisor


Letter from House Ways and Means Committee Republicans to Agencies on Implementation of No Surprises Act (PDF)

"The unbalanced process created by Department rulemaking has fueled an astronomical amount of claims being sent to IDR. If the policy is implemented in line with the law and Congressional intent of the No Surprises Act, health insurers will be encouraged to expand their provider networks, increasing access to care for patients, and the 'open negotiation' period will allow medical providers and health insurers to confidently resolve disputes and only require IDR as a last resort."  MORE >>

Republican Members of Committee on Ways and Means, U.S. House of Representatives

Benefits in General

2023 HSA Benchmarking Survey

"Nearly 90 percent of eligible employees had an HSA in 2022 with 80 percent making contributions to it, up from 72.8 percent in 2021.... Three-quarters of employers make contributions to the HSA. Most provide a set amount per coverage level.... Sixty percent of responding organizations offer investment options for HSA contributions, though most participants choose not to use this option -- 70 percent of all HSA assets remain in cash."  MORE >>

Plan Sponsor Council of America [PSCA]

The Law on ERISA Plan Arbitration Provisions Remains Unsettled

"Courts continue to disagree over the enforceability of mandatory arbitration provisions containing class action waivers set forth in benefit plans governed by [ERISA]. In the absence of U.S. Supreme Court resolution, uncertainty will persist ... Plan sponsors should expect to see more litigation over the arbitrability of ERISA Section 502(a)(2) claims in the near term, and thoughtfully drafted arbitration provisions are key to minimizing the risk of potential class action litigation.'

[Harrison v. Envision Mgmt. Holding, Inc. Bd. of Directors, No. 22-1098 (10th Cir. Feb. 9, 2023; Argent Trust Co. v. Harrison, No. 23-30, cert. denied Oct. 4, 2023); Henry v. Wilmington Trust NA, No. 21-2801 (3d Cir. Jun. 30, 2023; cert. denied Oct. 16, 2023); Merrow v. Horizon Bank, No. 22-123 (E.D. Ky. Oct. 24, 2023)]  MORE >>

Holland & Knight

Employee Benefits Jobs

View job as Sr. Retirement Plan Compliance Analyst
            for FuturePlan, by Ascensus

Sr. Retirement Plan Compliance Analyst

FuturePlan, by Ascensus


View job as Sr. Retirement Plan Compliance Analyst for FuturePlan, by Ascensus

View job as DC Operations Analyst II
            for EGPS

DC Operations Analyst II



View job as DC Operations Analyst II for EGPS

Press Releases

DataPath Granted Non-Bank HSA Custodian Status

DataPath, Inc.

Fiduciary Decisions Addresses Benchmarking Managed Accounts Within Retirement Plans

Fiduciary Decisions

Businesses Fight to Keep Health Plan Rates Down, Benefits Up, Paying Off in Employee Loyalty


MissionSquare Retirement to Provide Retirement Services to City of La Palma and New Orleans Public Facility Management

MissionSquare Retirement

International Foundation of Employee Benefit Plans and WorldatWork Announce New Partnership


Last Issue's Most Popular Items

Health and Welfare Benefits Monthly Update, November 2023 (PDF)

Alston & Bird

When Does Relocation Become a COBRA Qualifying Event?


Weight Loss Drugs Add $300 to Each Employee's Health Costs Even If You're Not on One

Forbes; subscription may be required

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® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.

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.