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Health & Welfare Plans Newsletter

December 12, 2023

6 New Job Opportunities 6 New Job Opportunities

 

Review of 2023 Year End Health Plan Compliance Actions

"As 2023 comes to a close, and before the onset of 2024, [this article describes] the residual impact of the COVID-19 pandemic on benefit plans and its related relief ... [as well as] general refreshers regarding general compliance requirements of Internal Revenue Code Section 125 cafeteria plans, nondiscrimination testing, Form 5500 filing obligations, San Francisco Health Care Expenditure Rates, and updated Patient-Centered Outcome Research Institute or Clinical Effectiveness Research (PCORI) fees."  MORE >>

HealthEquity

[Sponsor]

Revolutionize Your Health & Welfare Plans

FTW & RTO Benefits join forces for compliance documents, advanced testing, and unrivaled efficiency. Together we’re redefining Health & welfare compliance. Learn More!

Sponsored by Wolters Kluwer / ftwilliam

How FSAs and HSAs Can Fill the Gaps in Health Coverage for Employees

"To ensure that employees derive more value from their health benefits and their FSA or HSA, organizations need to educate their teams about account eligibility and how to use funds to supplement, or fill in the gaps, in health plan coverage.... [1] Doctor visits ... [2] Over-the-counter (OTC) medications ... [3] Everyday wellness products ... [4] Chronic condition management ... [5] Lifestyle management."  MORE >>

HR Daily Advisor

House Passes Bill to Provide More Healthcare Price Transparency for Patients and Employers

"HR 5378, the Lower Costs, More Transparency Act ... [1] Empowers patients and employers to shop for health care and make informed health care decisions by providing timely and accurate information about the cost of care, treatment, and services.... [2] Equips employer health plans with the drug price information they need to get the best deal possible for their employees." [Also available: Section-by-Section Summary]  MORE >>

Committee on Education and the Workforce, U.S. House of Representatives

Medical Debt Is Putting More Americans Into Financial Crisis

"More Americans than ever, about 92%, now have health insurance -- and simultaneously face enormous bills. Over the last decade, insurers and employers have pushed more cost-sharing onto individuals and families. Now, squeezed by medical costs and inflation, more than 100 million Americans have medical debt and roughly the same proportion report avoiding a prescription because of it."  MORE >>

The Guardian

Understanding and Preparing for Value-Based Care: A Primer for Behavioral Health Providers

"Insurance companies and [CMS] are shifting from reimbursing health providers a fixed amount for a service to reimbursement based in part on patients' outcomes. This approach is called value-based care (VBC) and includes a wide range of programs. Although the behavioral health providers that have been impacted by VBC to date are primarily those in larger health systems, use of VBC is expanding as payors seek to combat rising health care costs and increase transparency and accountability for health services. Thus, behavioral health providers need to know about VBC models and their impact as well as steps they can take to be better prepared for this shift."  MORE >>

RAND Corporation

[Opinion]

Implosion of Commercial Health Insurance

"Those who believe that the [ACA] should work well for all of us, if only we take advantage of what it has to offer, should be paying more attention ... [T]hree new sources show us that employer-sponsored plans are still leaving health care unaffordable for employees of small businesses, but that is now extending into larger businesses as well."  MORE >>

Physicians for a National Health Program [PNHP]

Employee Benefits Jobs

View job as Litigation Attorney for Trucker Huss, APC

Litigation Attorney

Trucker Huss, APC

San Francisco CA / Los Angeles CA / Hybrid

View job as Litigation Attorney for Trucker Huss, APC

View job as Relationship Manager for Compass Retirement Consulting Group, Inc./Compass 360, LLC

Relationship Manager

Compass Retirement Consulting Group, Inc./Compass 360, LLC

Remote / NH / Hybrid

View job as Relationship Manager for Compass Retirement Consulting Group, Inc./Compass 360, LLC

View job as Retirement Plan Administrator for Retirement Plan Solutions

Retirement Plan Administrator

Retirement Plan Solutions

Duncansville PA / Hollidaysburg PA / Altoona PA / Hybrid

View job as Retirement Plan Administrator for Retirement Plan Solutions

View job as Retirement Plan Transition Administrator for Alerus

Retirement Plan Transition Administrator

Alerus

Remote / MN / ND

View job as Retirement Plan Transition Administrator for Alerus

View job as Sr. Sales Representative - Group Employee Benefits for The Standard

Sr. Sales Representative - Group Employee Benefits

The Standard

West Hollywood CA / Hybrid

View job as Sr. Sales Representative - Group Employee Benefits for The Standard

View job as Employee Benefits and Executive Compensation Attorney for AmLaw 200 Firm

Employee Benefits and Executive Compensation Attorney

AmLaw 200 Firm

Charlotte NC / Hybrid

View job as Employee Benefits and Executive Compensation Attorney for AmLaw 200 Firm

Selected New Discussions

Effective Date of Section 125 Election Change Due to Divorce

"Section 125 permits election changes (other than in the case of certain HPIAA special enrollment events), including upon divorce, to be effective only on a prospective basis. The Code permits an employee to pay for coverage on a pre-tax basis only for certain specified dependents. An ex-spouse is not not one of these specified dependents. ERISA requires plan fiduciaries to administer a health plan in accordance with its terms. Virtually all plans provide that ex-spouses are not eligible for coverage.

"If an employee notifies the employer on December 1 than he or she was divorced from his or her covered spouse on November 1 (and provides sufficient evidence of such), when can/must the employer remove the spouse from coverage? (Leave COBRA out of the analysis.) If the employer removes the spouse prospectively from December 1, the employer is seemingly complying with Code Section 125 but has it violated its fiduciary obligations under ERISA because it covered the ex-spouse in contradiction with the terms of the plan and must the employee impute income for the payrolls in November in which the employee paid for the ex-spouse's coverage? If the employer removes the spouse retroactively from coverage back to November 1, will it be violating the Section 125 election change rules but be in compliance with ERISA and the other sections of the Code?

"I know that the ACA's rescission rules generally prohibit retroactively terminating coverage except in the case of fraud and intentional misrepresentation. But that means, doesn't it, that the ACA does contemplate rescissions under certain circumstances while the cafeteria plan rules do not. To me, this is an inherent contradiction between these various laws. I'm sure others have recognized this but I have not seen much discussion of it. Any thoughts are appreciated."

BenefitsLink Message Boards

Press Releases

Mike Tuffin Appointed AHIP President & CEO

AHIP [America's Health Insurance Plans]

Alera Group Retirement Plan Services Acquires Fraser Group

Alera Group

George Morrison Joins DATAIR as a Document Attorney

DATAIR Employee Benefit Systems, Inc.

Webcasts and Conferences
(Health & Welfare Plans)

2024 Enrolled Actuaries Conference

March 10, 2024 in DC

Conference of Consulting Actuaries

Last Issue's Most Popular Items

First Phishing-Related HIPAA Settlement Provides Warning for Health Plans

Solutions Law Press

Tenth Circuit Finds UnitedHealthcare Abused Its Discretion in Denial of Residential Treatment Benefits

Roberts Disability Law

Summary of 2024 Benefit-Related Cost-of-Living Adjustments (PDF)

Mercer

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

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