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Health & Welfare Plans Newsletter

January 5, 2024

3 New Job Opportunities 3 New Job Opportunities


[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]

Must COBRA Coverage Be Offered to Spouses and Dependents Whose Coverage Was Dropped at Open Enrollment? (PDF)

"Caution is needed because sometimes, dependents or spouses are dropped from coverage during open enrollment due to a COBRA triggering event.... [A] plan administrator that becomes aware that one of these qualifying events (such as a divorce) has occurred may wish to act on that information and provide a COBRA election notice immediately, even without formal notice. Sending the election notice will start the 60-day COBRA election period running at the earliest possible time."  MORE >>

Thomson Reuters / EBIA

[Guidance Overview]

California Mandates New Leave for Reproductive Loss as of January 1

"California Senate Bill 848 ... builds on California's 2023 bereavement leave law, which provided five days of unpaid bereavement leave to eligible employees following the death of a covered family member. This new reproductive loss law applies to all employers with five or more employees."  MORE >>

Hunton Andrews Kurth LLP

[Guidance Overview]

New York Announces 2024 HCRA Covered-Lives Assessment Rates

"New York's Department of Health (DOH) has posted the 2024 regional covered-lives assessment (CLA) rates and percentage surcharges for graduate medical education (GME) under the state's Health Care Reform Act (HCRA). The HCRA imposes an annual CLA ... on 'electing' health claim payors, including self-funded plans.... The GME CLA rates and percentage surcharges vary among eight regions, and the applicable rate depends on where the covered individual resides or receives in-state hospital care."  MORE >>


ERISA Litigation Highlights, January 2024

"This [post] covers cases relating to [1] the enforceability of contractual statute of limitations provisions described as a 'labyrinth,' [2] ERISA claims when the carrier allegedly misrepresents benefits, [3] federal courts retaining ERISA jurisdiction following a related state court case, [4] a court excusing an administrator's regulatory violations under the arbitrary and capricious standard, and [5] a court enforcing the clear terms of a plan relating to when coverage for benefits ends."  MORE >>

Saul Ewing LLP

2024 Benefits Trends

"[1] Supporting employee wellbeing ... [2] Controlling rising healthcare costs ... [3] Improving benefits literacy and adoption across a diverse workforce ... [4] Using AI to level up your benefits."  MORE >>


The MHPAEA Proposed Rule: Scalability and the Plight of the Small(er) Self-Funded Plan

"[This post examines] the impact of the proposed regulations on small and medium-sized self-funded plans through the lens of a National Association of Benefits and Insurance Professionals (NABIP) comment letter ... [which] addressed ... [1] The need for a compliance safe harbor ... [2] Focus on cooperation from service providers ... [3] MHPAEA Self-Compliance Tool."  MORE >>

McDermott Will & Emery

Most Insurers in New Jersey Would Have to Cover Infertility Treatment Under Advancing Bill

"The proposal, which has bipartisan support, would exempt individual and small employer health insurance markets. Covered services would include intrauterine insemination, genetic testing, embryo transfers, and other fertility services recommended by a physician in accordance with American Society for Reproductive Medicine guidelines."  MORE >>

New Jersey Monitor

HIPAA Breach Notifications: A Question of Timing

"Sometimes an investigation takes months to complete, and the HIPAA deadline for providing notice may have passed before a health plan or health care provider even knows who was affected by the breach and is entitled to notice. Plan administrators ... need to consider how and when they can provide appropriate notice to individuals ... taking into account HIPAA's requirements, the terms of the applicable business associate agreement, concerns about causing undue alarm, and other factors."  MORE >>

Ballard Spahr LLP

HHS Issue Six Figure Penalty for Ransomware Attack

"HHS has made it clear that they will be focused on ransomware attacks going forward. All covered entities, including health plans that process or store ePHI, must be proactive in protecting their systems from cyberattacks. Plan sponsors should ensure that their security policies are up to date and that their workforce is regularly trained on all security procedures."  MORE >>

Bricker Graydon

Employee Benefits Jobs

View job as Senior Retirement Plan Administration Consultant for Fiduciary Wise

Senior Retirement Plan Administration Consultant

Fiduciary Wise


View job as Senior Retirement Plan Administration Consultant for Fiduciary Wise

View job as Actuarial Analyst for The McKeogh Company

Actuarial Analyst

The McKeogh Company

Conshohocken PA / Hybrid

View job as Implementations Relationship Manager for Vestwell

Implementations Relationship Manager



View job as Implementations Relationship Manager for Vestwell

Press Releases

National Institute of Pension Administrators and WIPN Join Forces to Enhance Professional Development and Networking Opportunities

NIPA [National Institute of Pension Administrators]

Webcasts and Conferences
(Health & Welfare Plans)

ERISA Litigation: Year in Review & Trends to Watch

February 6, 2024 WEBINAR

Thompson Hine LLP

Last Issue's Most Popular Items

Are Self-Employed Owners Eligible to Participate in a Cafeteria Plan?


HIPAA Enforcement: Lessons from an Active 2023 and Regulatory Initiatives to Watch for in 2024

Society for Human Resource Management [SHRM]

How Prices for the First 10 Drugs Up for Medicare Price Negotiations Compare Internationally

The Commonwealth Fund

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

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