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Health & Welfare Plans Newsletter

November 22, 2023

2 New Job Opportunities 2 New Job Opportunities

 

[Guidance Overview]

HHS Announces Adjusted Annual Limitation on Cost-Sharing for 2025 Benefit Year, Issues Proposed 2025 Benefit and Payment Parameters (PDF)

"Although in the past HHS announced the annual limitation on cost-sharing in the notice of benefit and payment parameters, the limitation (and certain other limits) is now published in guidance by January of the benefit year prior to the applicable benefit year, so long as no changes to the methodologies to calculate these amounts are proposed. For the 2025 benefit year, HHS is not proposing changes to the methodology, and thus has separately issued the 2025 limits rather than proposing them in regulations."  MORE >>

Thomson Reuters / EBIA

[Guidance Overview]

Must Applicable Large Employers File ACA Information Returns Electronically? (PDF)

"In 2023, the IRS finalized regulations substantially expanding mandatory electronic filing of information returns. For returns required to be filed after December 31, 2023, the threshold for required electronic filing is ten returns."  MORE >>

Thomson Reuters / EBIA

[Guidance Overview]

Chicago's New Paid Leave and Paid Sick and Safe Leave Ordinance: What Employers Should Know

"Employees who accrue leave time must be permitted to carry over up to 16 hours of unused general paid leave and 80 hours of unused sick and safe leave into the following year.... [A]ny unused general paid leave must be paid out upon separation or when an employee is transferred outside the city of Chicago, while unused sick and safe leave need not be paid out."  MORE >>

McGuireWoods

[Guidance Overview]

More Americans Could Get Dental Coverage Under CMS Proposed 2025 Benefit and Payment Parameters

"CMS proposed ... allowing states to include adult dental services as an 'essential health benefit' (EHB) that ACA health plans must cover without imposing annual or lifetime limits on customers. While states wouldn't have to require the coverage, the proposal would reverse a ban on states from including adult dental services as an essential benefit."  MORE >>

Axios

Incorporating Information on Therapeutic Alternatives Into the IRA Prescription Drug Negotiations

"To consider the relative importance of a given drug in patient care, [CMS] will need to identify therapeutic alternatives, determine their comparative therapeutic advantage for patients, and incorporate that comparative information into its initial proposed price that will serve as the starting point for negotiation. This commentary discusses at a high level the issues CMS will need to consider in pursuing each of these three steps along with the necessary data sources to support each step."  MORE >>

The Brookings Institution

New HIPAA Resolution Agreement Warns Health Plans and Other HIPAA-Covered Entities to Manage Media Relations, Access and Disclosure

"While the Settlement involved a health care providers, health plans and other HIPAA entities also are subject to the same HIPAA requirements to prevent unauthorized photography, videos, or other sharing or disclosure of participant or other PHI to media in interviews or other media interactions or by workforce members, business associates or other third parties.... [EBSA] now views HIPAA compliance and other prudent steps to protect PHI and other sensitive health information as part of fiduciaries and plan administrator's ERISA compliance obligations[.]"  MORE >>

Solutions Law Press

Benefits in General

[Official Guidance]

Text of IRS Form 8508: Application for a Waiver from Electronic Filing of Information Returns (PDF)

"Only the person required to file electronically can sign Form 8508. A transmitter cannot sign Form 8508 for the issuer unless a power of attorney has been established. If you have a power of attorney, attach a copy to this form."  MORE >>

Internal Revenue Service [IRS]

Are You Making Benefit Determinations? Be Sure to Check the Plan Documents

"A recent district court case highlights the importance of following the terms of the plan document in making determinations on benefit claims.... After reviewing minutes from the committee meeting at which the claim was decided, the court found the committee’s decision was based on an immaterial point and not the proper standards outlined by the terms of the plan." [Franke v. Fifth Amended & Restated Newfield Exploration Company Change of Control Severance Plan, No. 21-2234 (D. Colo. Oct. 20, 2023)]  MORE >>

Haynes and Boone, LLP

Employee Benefits Jobs

View job as Administrator, Retirement Plan Compliance
for RiversEdge Advanced Retirement Solutions

Administrator, Retirement Plan Compliance

RiversEdge Advanced Retirement Solutions

Remote / Sewickley PA

View job as Administrator, Retirement Plan Compliance for RiversEdge Advanced Retirement Solutions

View job as Junior Actuary
for Alliant Insurance

Junior Actuary

Alliant Insurance

Remote / NY

View job as Junior Actuary for Alliant Insurance

Selected New Discussions

COBRA and U.S. Employee Living Abroad

"A US based employer has an employee who is working abroad; the employee quits and is remaining in that foreign country to live.

  1. What are our client's obligations in terms of offering coverage to this employee, considering their current international residence?
  2. Does the issuance of a COBRA rights letter in this scenario entail any legal or compliance risks for our client, given the employee's non-U.S. residency?
  3. Are there any specific steps our client should take to rectify this situation and ensure compliance with both U.S. and international regulations?'

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

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