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Health & Welfare Plans Newsletter

December 15, 2023

2 New Job Opportunities 2 New Job Opportunities

 

[Guidance Overview]

Reminder: Illinois 'Paid Leave for All' Effective January 1

"[M]ost employers with one or more employees in Illinois must permit full-time employees to accrue and use a minimum of up to 40 hours of paid leave in a designated 12-month period for any reason. This amount is prorated for employees who work less than 40 hours a week.... Many employers may ... use their current policies to comply with the new law ... [S]ome employers exclude part-time employees from their current policies.... [T]hose employers may need to implement a separate paid leave policy to comply with Illinois law as of January 1, 2024."  MORE >>

Ice Miller LLP

[Guidance Overview]

Chicago Delays Implementation of New Paid Leave Law Until Mid-2024

"Until July 1, 2024, Chicago's existing paid sick leave ordinance will remain in effect. Chicago will remain excluded from compliance with the separate Illinois Paid Leave for All Workers Act (PLAWA), which goes into effect on January 1, 2024. The amendment also modifies other notable provisions of the Ordinance, including the definition of a Covered Employee."  MORE >>

Seyfarth Shaw LLP

Tenth Circuit Refines Criteria for Applying Deferential Standard of Review for Benefit Claims

"Although the court held that the 'default arbitrary-and-capricious review standard should remain' in cases raising substantial compliance issues, the court noted that it would withhold such deference when 'administrators fail to show a "valid exercise" of their discretion.' This aspect of the court's decision provides some insight on the division between the circuit courts concerning the appropriate standard of review and highlights the Tenth Circuit's perspective as compared with the Second Circuit's 'strict adherence' standard ... where that court allowed de novo review unless the plan establishes that non-compliance was 'inadvertent and harmless.' " [C. v. UnitedHealthcare Ins. Co., No. 22-4082 (10th Cir. Dec. 5, 2023)]  MORE >>

Miller & Chevalier

Eleventh Circuit Endorses Heightened Standard for FMLA Retaliation Claims

"A plaintiff proving that a request for or use of FMLA leave at least partly 'motivated' an employer's decision is no longer enough [in the Eleventh Circuit]. Now, a plaintiff must show that, but for the plaintiff's request for, or use of, FMLA leave, the company would not have taken an adverse employment action against them." [Lapham v. Walgreen Co., No. 21-10491 (11th Cir. Dec. 13, 2023)]  MORE >>

Benesch

Employer-Sponsored Insurance Pays Nearly Three Times Medicare Rates for Hospital Outpatient Services

"Among the 10 most commonly used health services, 8 had ESI reimbursement that was more than double Medicare reimbursement. These included general laboratory tests, x-rays, and ultrasounds. Among the 10 services that that make up the most ESI spending, 5 had ESI reimbursement that was more than double Medicare reimbursement.... Total ESI outpatient spending would have been $76 billion lower in 2021 if outpatient services were reimbursed at average Medicare rates."  MORE >>

Health Care Cost Institute

Employers Should Conduct Healthcare Claims Audits

"Claims processing is complicated, and third-party administrators don't have a financial incentive to control costs.... [A]dministrators make errors on 1% to 3% of total claims processed.... The most common error category involves benefit determination.... The second most common error category involves miscalculating the contracted provider reimbursement arrangements.... To assess administrative performance, employers should consider conducting healthcare claim audits."  MORE >>

Willis Towers Watson

Workplace Benefits Sales Remain Up After First Nine Months of 2023

"Third quarter 2023 workplace life insurance new premium was $588 million, down 12%, compared with third quarter 2022. However, year-to-date (YTD) new premium remained 3% ahead of the sales in the same period a year ago ... Total workplace disability insurance new premium for the third quarter was $628 million, 6% higher than prior year results ... [S]upplemental health products ... totaled $501 million in the third quarter, up 5%."  MORE >>

LIMRA

National Health Expenditures: Reading Past the Headlines

"The actuaries' observation that health care spending growth has returned to prepandemic rates doesn't discuss which prepandemic rate.... Relative to the rate of growth that had persisted for decades, annual medical spending increases fell markedly sometime in the late 2000s and had remained low up to the pandemic. Is there evidence that this slower growth is returning, or will spending instead converge back to the long-run average?"  MORE >>

Health Affairs Forefront

Benefits in General

The Impact of HSAs on Retirement Income Adequacy (PDF)

"A recent report found that health savings accounts (HSAs) can have a substantial impact on retirement income adequacy. The report found that the cumulative baseline deficit decreases by 6.2 percent to $3.44 trillion when status quo HSA utilization is considered."  MORE >>

Employee Benefit Research Institute [EBRI]

Employee Benefits Jobs

View job as Distribution and Loans Analyst for Ubiquity Retirement + Savings

Distribution and Loans Analyst

Ubiquity Retirement + Savings

Remote

View job as Distribution and Loans Analyst for Ubiquity Retirement + Savings

View job as Senior Defined Benefit Plan Consultant for Loren D. Stark Company (LDSCO)

Senior Defined Benefit Plan Consultant

Loren D. Stark Company (LDSCO)

Remote

View job as Senior Defined Benefit Plan Consultant for Loren D. Stark Company (LDSCO)

Selected New Discussions

HCFSA Eligibility and Reimbursements for Employee on Leave

"An employee goes on a leave of absence and chooses to continue having their HCFSA deduction taken from paid portion of leave but does not return to work. Does the HCFSA eligibility end as of the last day worked prior to the leave, or does it tie to the health insurance plan end date, which is last day of the month in which the employee notified us that they would not be returning to work? If eligibility ends as of the last day worked prior to the leave, how do you handle HCFSA reimbursements made while on leave?"

BenefitsLink Message Boards

Press Releases

Lincoln Financial Group Enters Agreement to Sell Wealth Management Business to Osaic, Inc.

Lincoln Financial Group

SPARK and Corporate Insight Financial Literacy Survey Results

SPARK Institute

Webcasts and Conferences
(Health & Welfare Plans)

Health Equity: Behind the Buzzwords

RECORDED

Epstein Becker Green

2023 Benefits Compliance Highlights and Recap

RECORDED

NFP Corp.

Hot Topics in Employee Benefits: What We're Seeing - January 2024

January 16, 2024 WEBINAR

Morgan Lewis

Last Issue's Most Popular Items

2023 Year-End Benefits Compliance Reminders for Employers

OneDigital

Tackling Student Loan Debt: How Employers Can Help

Invesco

Chicago Paid Leave and Paid Sick and Safe Leave Law Amended and Delayed to July 1, 2024

Benesch

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

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