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Health & Welfare Plans Newsletter

March 4, 2024

2 New Job Opportunities 2 New Job Opportunities

 

[Guidance Overview]

Plan Sponsors Take Note: RxDC Reports for the 2023 Calendar Year Are Due by June 1, 2024

"For the first time, CMS will enforce the aggregation restriction ... [P]lan sponsors will not be able to rely on their PBM's aggregate submission of pharmacy data. Instead, they will have to submit plan-level Rx data.... Preparing now to implement the new requirements will ease some of your burden when the filing is due.... [No] good faith relief is available for this third reporting submission. In addition, no deadline extension is available, even though June 1, 2024, falls on a Saturday."  MORE >>

MZQ Consulting, LLC

Court Again Finds Reliance Standard Abused Its Discretion in Failing to Consider Long-Term Disability Claimant's Risk of Future Harm from Cardiac Condition

"[T]he Court first found that Reliance disregarded its directive on remand and limited its interpretation of Plaintiff's regular occupation  ... With regard to the consideration of the 'risk of future harm' which Reliance had been directed to consider ... [t]he Court noted that Reliance ... rejected outright that Plaintiff's occupational duties cause any stress, because stress was not literally listed among the material duties returned by its labor market survey specialist nor did the Dictionary of Occupation Titles list 'stress' as a duty." [Aisenberg v. Reliance Standard Life Ins. Co., No. 22-0125 (E.D. Va. Feb. 21, 2024)]  MORE >>

Roberts Disability Law

Case Threatening Obamacare Mandate for Cost-Free Preventive Services Goes Before Federal Appellate Court

"The [Fifth Circuit] is reviewing a district judge's ruling that wiped away that requirement for certain preventive services -- a ruling that was paused while the appeal plays out.... Not only will they be weighing whether to uphold the ruling that partially invalidated the mandate, they will also be deciding whether additional coverage requirements targeted by the challengers should be struck down, including no-cost coverage for some vaccines as well as for certain preventive health services for women and children." [Braidwood Management, Inc. v. Becerra, No. 20-0283 (N.D. Tex. Sep. 7, 2022; on appeal to 5th Cir. No. 23-10326)]  MORE >>

CNN

Administration Receives Counteroffers from Drug Companies as Part of Ongoing Negotiations to Lower Drug Prices

"[A]ll manufacturers participating in the first cycle of Medicare drug price negotiations have responded with counteroffers.... Negotiations will continue over the next several months. If HHS and a participating manufacturer agree on a maximum fair price by the end of the negotiation period, those new negotiated prices will be published by September 1, 2024, and take effect beginning in 2026."  MORE >>

U.S. Department of Health and Human Services [HHS]

[Opinion]

Will Religious Freedom Claims Trump Public Health? Braidwood and HIV Prevention

"By declining to argue the RFRA claims before the Fifth Circuit, the government may have saved the question for another day and avoided setting a national legal precedent. However, even applying the obligatory strict scrutiny standard, mandatory PrEP coverage should withstand the plaintiffs' RFRA claims for several reasons." [Braidwood Management, Inc. v. Becerra, No. 20-0283 (N.D. Tex. Sep. 7, 2022; on appeal to 5th Cir. No. 23-10326)]  MORE >>

Health Affairs Forefront

[Opinion]

AHIP Comment Letter to CMS on Advance Notice of Methodological Changes for Calendar Year (CY) 2025 for Medicare Advantage Capitation Rates and Part C and Part D Payment Policies (PDF)

54 pages. "AHIP has significant concerns that certain elements of the MA and Part D Advance Notice could diminish the value and affordability of the MA benefits that millions of seniors and people with disabilities count on ... As proposed, many of these changes included in the Advance Notice would lead to significant variability in the MA program across geographic markets ... In addition, plans are continuing the multi-year implementation of changes required under the Inflation Reduction Act (IRA), underscoring the impact of dynamic and uncertain market conditions facing beneficiaries and their coverage."  MORE >>

America's Health Insurance Plans [AHIP]

Employee Benefits Jobs

View job as Compliance Officer for Alerus

Compliance Officer

Alerus

Hopkins MN

View job as Compliance Officer for Alerus

View job as Retirement Plan Administrator for Prime Pensions Northwest

Retirement Plan Administrator

Prime Pensions Northwest

Remote

View job as Retirement Plan Administrator for Prime Pensions Northwest

Press Releases

PCS Retirement Announces Investment from Lee Equity Partners and Names Scott David as CEO

PCS Retirement

Webcasts and Conferences
(Health & Welfare Plans)

Washington Update Briefing

March 21, 2024 WEBINAR

Mercer

Last Issue's Most Popular Items

Cross-Plan Offsetting in Group Health Plans: The DOL Makes Its Position Clear

Verrill Dana LLP

J&J Lawsuit Shines Spotlight on Welfare Plan Fiduciary Duties

Morris, Manning & Martin, LLP

IVF Uncertainty in Alabama: What Can Employers Do?

Mercer

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

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