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Health & Welfare Plans Newsletter

February 15, 2024

2 New Job Opportunities 2 New Job Opportunities

 

[Guidance Overview]

IRS Announces Decreased Penalties for 2025 Employer Shared Responsibility Failures

"The adjusted amount penalty for purposes of Section 4980H(a) of the Code is $2,900 (a $70 decrease from 2024). The adjusted amount penalty for purposes of Section 4980H(b) of the Code is $4,350 (a $110 decrease from 2024)."  MORE >>

Miller Johnson

[Guidance Overview]

IRS Announces Decreases for 2025 ACA Employer Shared Responsibility Penalties

"[T]he IRS uses Letter 226-J to inform ALEs of their potential liability under Code Section 4980H. A response form (Form 14764), generally due within 30 days, is included with Letter 226-J so that an ALE can inform the IRS whether it agrees with the proposed penalty. Employers and their advisors should be on the lookout for this letter so that they are prepared to promptly review and respond[.]"  MORE >>

Thomson Reuters / EBIA

[Guidance Overview]

Paid State Leave Laws Expanding

"At the start of 2023, 14 states ... already had paid sick leave mandates in place.... Maine and Nevada require employers to provide paid leave for any reason. During the year, Minnesota and Illinois both passed paid leave laws, which take effect Jan. 1, 2024.... California expanded the amount of paid sick leave employers must provide workers from three days per year to five, effective Jan. 1, 2024."  MORE >>

Bolton

[Guidance Overview]

Agencies Update Guidance on Group Health Plan Contraceptive Coverage Requirements

"The new guidance does not change the underlying preventive services mandate applied to contraceptive coverage. Rather, the new FAQs outline a 'therapeutic equivalence' medical management technique that can be used by group health plans (along with an exceptions process) to administer required contraceptive coverage."  MORE >>

Proskauer

[Guidance Overview]

New York Enacts Prescription Drug Price Transparency Bill

"New York expanded its existing efforts at monitoring and understanding prescription drug prices by enacting legislation addressing prescription drug price transparency. Effective June 19, 2024, S.599-A/A.1707 amends the New York Insurance Law to require prescription drug manufacturers to report certain price increases before they occur."  MORE >>

Morgan Lewis

J&J Health Plan Lawsuit Provides Reminder of Fiduciary Duties for Group Health Plans

"This lawsuit is an example of the recent uptick in impending lawsuits regarding compliance with recent transparency rules, reinforcing the need for ERISA fiduciary governance.... Action steps include considering the formation of a health and welfare benefits committee to monitor ERISA benefits, including the selection of service providers, reviewing contract terms, ensuring appropriate value for the price, and monitoring service providers and aggregate costs." [Lewandowski v. Johnson & Johnson, No. 23-0671 (D.N.J. complaint filed Feb. 5, 2024)]  MORE >>

Lockton

Illinois Court Rules That Employee Data Theft May Not Be 'Gross Misconduct' Precluding COBRA Coverage

"In its ruling, the court acknowledged that prior case law established that criminal theft by an employee indisputably qualified as gross misconduct. However, in this case, the former employees denied committing any theft, and the city offered no admissible evidence proving that the theft had occurred. The court remained 'unconvinced' that the city's allegations against the employees rose to the level of gross misconduct as a matter of law." [Johnson v. City of Kewanee, No. 21-4051 (C.D. Ill. Nov. 21, 2023)]  MORE >>

Hall Benefits Law

Making Well-Being Programs Work for Millennials and Gen Z

"Financial well-being and family-forming support, such as parental leave, are paramount when considering wellbeing benefits for millennials.... Studies have shown that Gen Z employees tend to be financially practical and view physical fitness, nutrition and mental health support as imperative. Gen Z has high expectations of their employers and is willing to leave if their needs are unmet."  MORE >>

Brown & Brown, Inc.

Employers Reduced Claims Costs and Achieved Significant ROI from Health and Wellbeing Program

"[E]mployers saved an average of $462 in annual medical claims costs per engaged member. This translates to a total direct savings of $39.8 million -- a 4% reduction in claims costs -- across the study group of approximately 40,000 lives from five employers over five years."  MORE >>

Vitality

An Employer's Guide to Long-Term Care Insurance

"Long-term care insurance can help provide a valuable financial safety net and invaluable peace of mind for your team members. Clear communication and employee education are vital in helping employees know how long-term care insurance can best benefit them. It's also best to introduce LTC insurance off-cycle (not during open enrollment) to ensure it doesn't get lost among other offerings -- this usually results in higher participation."  MORE >>

Woodruff Sawyer

ACA Unified Rate Review Template Market Trends Over Time (PDF)

"The intent of this brief is to share trends on the financial health of markets and issuers over time, how issuer participation, market size, and plan offerings have evolved, the driver of revenue changes due to these external forces, and what those trends could mean for future years."  MORE >>

Wakely Consulting Group

[Opinion]

The Great American Healthcare Heist: A Saga of Overpayment and Underperformance

"Hospitals and insurance carriers, in a dance of complicity and undue complexity, have set a stage where costs are obscured, care is commodified, and the middle class pays the price.... [Reference-based pricing (RBP)] not only introduces a much-needed dose of transparency into healthcare billing but also ensures that payments reflect the actual value of services rendered rather than the whims of a profit-driven market.... RBP encourages patients and providers to engage in more meaningful conversations about the cost and value of healthcare services."  MORE >>

Craig Gottwals, via Substack; free registration may be required

Benefits in General

Impact on ERISA Regulation If Supreme Court Throws Chevron Deference Overboard

"Two current ERISA hot topics ... are the proposed Retirement Security Rule (the fiduciary rule) and the Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights rule (ESG rule). If the Court abandons or curtails the Chevron deference, ERISA regulations adopted by the [DOL] may be more heavily scrutinized, modified, or vacated by federal courts."  MORE >>

Morgan Lewis

Employee Benefits Jobs

View job as Retirement Plan Administrator for CMC Pension Professionals

Retirement Plan Administrator

CMC Pension Professionals

Remote

View job as Retirement Plan Administrator for CMC Pension Professionals

View job as Defined Benefit Software Support Specialist / Senior Actuarial Analyst for ASC - Actuarial Systems Corporation

Defined Benefit Software Support Specialist / Senior Actuarial Analyst

ASC - Actuarial Systems Corporation

Remote / Sylmar CA

View job as Defined Benefit Software Support Specialist / Senior Actuarial Analyst for ASC - Actuarial Systems Corporation

Press Releases

RPA Announces Key Leadership Updates

Retirement Plan Advisors [RPA]

Webcasts and Conferences
(Health & Welfare Plans)

Employee Benefits Symposium 2024

February 27, 2024 in ID

Holland & Hart LLP

Employee Benefits Symposium 2024

February 27, 2024 in CO

Holland & Hart LLP

Employee Benefits Changes in 2024: New Requirements for Part-Time Employees and Independent Contractors

March 7, 2024 WEBINAR

McDermott Will & Emery LLP

Last Issue's Most Popular Items

The No Surprises Act Comes with Some Surprises

KFF Health News

A Term Employers Should Remember: 'Fiduciary Duties'

MZQ Consulting, LLC

Complexities of Employee Leave Management

Hilb Group

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

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