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Health & Welfare Plans Newsletter

January 26, 2024

4 New Job Opportunities 4 New Job Opportunities


[Guidance Overview]

ACA Non-English Language Requirements Update

"[CMS] has recently published its listing of U.S. counties in which certain notices must be provided to individuals in a non-English language ... [The ACA] mandates that relevant notices must be provided in a culturally and linguistically appropriate manner to those residing in counties that have a population with at least 10 percent of their population illiterate only in the same non-English language. The listing ... is applicable for plan years beginning on or after January 1, 2025." [Also available: Agency FAQs, Part 63]  MORE >>

Burnham Benefits

[Guidance Overview]

Updates and Potential Changes to New York Paid Family Leave in 2024

"[T]he updates include changes to the maximum weekly benefit amount available to employees and the overall annual contribution employees make toward NY PFL benefits. The State is also considering a major update to the NY PFL program, as well as the State's corresponding statutory Disability Benefits program, in the context of potential coverage for absences related to prenatal leave."  MORE >>

Seyfarth Shaw LLP

[Guidance Overview]

Employer Reporting for State Individual Mandates

"[S]ome states have adopted so-called individual mandates ... [and] have implemented health coverage reporting requirements ... [which] dictate that employers and/or carriers report the health coverage offered to individuals in those states. [This article provides] a summary of some of these requirements."  MORE >>

HUB International

Tenth Circuit Provides a Framework for Consideration of MHPAEA Claims

"According to the Court, a plaintiff must: [1] Provide a valid determination that the health plan is subject to MHPAEA; [2] State what the underlying Quantitative/Nonquantitative Treatment Limitation (QTL/NQTL) being used by the plan to deny or limit benefits; [3] Name the [medical and surgical (M/S)] benefit used to compare to the MH/SUD benefit in question; and [4] Explain how the health plan applies the QTL/NQTL differently to the M/S benefit than to the MH/SUD benefit. Significantly, the Court did not apply any sort of reasoning requiring that outcomes of MHSUD claims be consistent with M/S claims." [E.W. v. Health Net Life Ins. Co., No. 21-4110 (10th Cir. Nov. 21, 2023)]  MORE >>

Burnham Benefits

Virginia Federal Court Authorizes $2.4 Million Award for ERISA Severance Plan Benefits in WARN Act Class Action

"The multi-million dollar ruling stems from a 2018 WARN-covered 'plant closing' and follows an earlier award on November 23, 2021 of $1.39 million to certain class members for damages including back pay and interest owed pursuant to the WARN Act for the same notice violation underlying the recent ruling." [Messer v. Bristol Compressors Int'l, LLC, No. 18-0040 (W.D. Va. Jan. 16, 2024)]  MORE >>

Duane Morris

Florida Can (Maybe) Get Drugs from Canada, But You Still Can't

"[The FDA] started the new year off by approving the state of Florida's application to bulk purchase drugs from Canada ... [T]he FDA has not approved any corresponding rule that would enable plans or individuals to do so. This means that prescription drug importation by group health plans and individuals is still generally considered illegal, except in very limited circumstances."  MORE >>

HUB International

North Carolina State Health Plan Votes to End All Coverage for Wegovy and Other Weight-Loss Drugs

"The North Carolina State Health Plan will phase out coverage of existing prescriptions for popular weight-loss drugs, including Wegovy, as of Apr. 1, 2024.... The state health plan covered 5,000 prescriptions for the drugs at the beginning of 2023. By the end of the year, that number had quintupled, and ... the exponential growth in usage was predicted to continue in 2024[.]"  MORE >>

MSN News

Benefits in General

[Guidance Overview]

Possible Impact of New DOL Employee Classification Rule on Employee Benefits

"The Final Rule goes into effect on March 11, 2024 and applies only to FLSA wage and hour requirements.... The definition of who is an 'employee' under ERISA and the Code does not track the definition of 'employee' for purposes of the FLSA. However, confusion over the new rule and its scope may cause workers and their advisors to make claims for benefits. Thus, it is important for employers to be aware of the Final Rule, and anticipate how worker classification under the FLSA could potentially impact employee benefits."  MORE >>

Groom Law Group

Employee Benefits Jobs

View job as Plan Administrator for The Benefits Consulting Group, Inc.

Plan Administrator

The Benefits Consulting Group, Inc.


View job as Plan Administrator for The Benefits Consulting Group, Inc.

View job as Sr. Benefits Attorney for Air Line Pilots Association

Sr. Benefits Attorney

Air Line Pilots Association

Mc Lean VA

View job as Sr. Benefits Attorney for Air Line Pilots Association

View job as Director of Operations/ Client Success Officer for NPPG

Director of Operations/ Client Success Officer


Shrewsbury NJ

View job as Director of Operations/ Client Success Officer for NPPG

View job as Senior Retirement Analyst for Dunbar, Bender & Zapf, Inc.

Senior Retirement Analyst

Dunbar, Bender & Zapf, Inc.

Remote / Pittsburgh PA

View job as Senior Retirement Analyst for Dunbar, Bender & Zapf, Inc.

Press Releases

Fidelity’s® Guaranteed Income Direct Solution Available Nationally, Enabling Employees to Convert Retirement Savings Into Lifetime Income

Fidelity Investments

Betterment at Work Launches Industry-First Small Business Student Loan 401(k) Matching Solution


Top Benefits Lawyer, Gretchen Harders, Joins Cohen & Buckmann

Cohen & Buckmann P.C.

Webcasts and Conferences
(Health & Welfare Plans)

Let’s Get Together: Mergers, Acquisitions, and Benefits Compliance


NFP Corp.

Last Issue's Most Popular Items

Employers Need to Get 'Control' of IRS Controlled Group Rules (PDF)

Davis & Gilbert LLP, via Employee Relations Law Journal

Will Self-Funded Plans Get Caught Up in Carrier and TPA Legal Battles?

BenefitsPro; free registration required

DOL's Final Independent Contractor Rule Contains Important Potential Impacts for Employee Benefit Plans

Winston & Strawn LLP

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

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