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7 New Job Opportunities
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[Guidance Overview]
New HIPAA Rules Limit the Use and Disclosure of PHI Related to Reproductive Health Care and Revise Notice of Privacy Practices Requirements
"Although the Final Rule requires a covered entity to collect an attestation from requesters of PHI potentially related to reproductive health care, HHS makes clear that group health plans and business associates cannot rely on the attestation and must make an independent
determination on the use or disclosure of PHI.... The attestation will be limited to the specific use or disclosure, so each use or disclosure request will require its own attestation." MORE >>
Kutak Rock LLP
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[Guidance Overview]
When Mid-Year Election Changes Are Effective
"A mid-year election change will typically be effective as of the first of the month following the election change request to avoid the Section 125 cafeteria plan issues associated with paying for retroactive coverage. The primary exceptions are for new hires (elections may
be retroactive to the date of hire) and newly born/adopted children (medical coverage must be retroactive to the date of the birth/adoption)." MORE >>
Newfront
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[Guidance Overview]
New York City Paid Sick Time Turns 10 Years Old
"Unique substantive requirements, regular amendments to the Ordinance, Rules and administrative guidance, and proactive enforcement have been hallmarks of the mandate since it went into effect in April 2014." MORE >>
Seyfarth Shaw LLP
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Ninth Circuit Court of Appeals Clarifies Pleading Standards Applicable to Suits for MHPAEA Violations
"In light of the relatively low pleading standard the Ninth Circuit has set, group health plans and their sponsors, administrators and fiduciaries should pay careful attention to the internal processes they utilize in determining coverage for MH/SUD benefits as compared to M/S
benefits. The Ninth Circuit's ruling may significantly impact the health care industry, especially with proposed MHPAEA regulations anticipated to be finalized this year." [Ryan S. v. UnitedHealth Group, Inc., No. 22-55761 (9th Cir. Apr. 11, 2024)] MORE >>
Trucker Huss
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Ninth Circuit Speaks Out on Mental Health Parity
"The standard established in Ryan S. makes it difficult to challenge a Parity Act claim at the pleading stage, which will open up Parity Act lawsuits to discovery. The Ninth Circuit's opinion also makes it easier to bring a putative class action based on a Parity Act
violation[.]" [Ryan S. v. UnitedHealth Group, Inc., No. 22-55761 (9th Cir. Apr. 11, 2024)] MORE >>
Ogletree Deakins
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Change Healthcare Cyberattack: HHS OCR Publishes Early Guidance on Breach
"Covered entities and business associates should carefully review [OCR's] FAQ webpage, in conjunction with all UHG/Change
statements, and consider taking the following steps: [1] Contact Change/UHG about notifications and compromised data.... [2] Prepare to evaluate whether patients are impacted.... [3] Review BAAs with Change.... [4] Conduct a dark web investigation.... [5] Continue to monitor relevant sites for updates." MORE >>
Ropes & Gray LLP
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Why Self-Funded Plans Should Carve-Out Transplant Services
"Transplant insurance policies are a way for employers to mitigate both the severity and frequency of catastrophic health claims stemming from transplant procedures. These policies are often called transplant carve-outs, because the financial risk posed by transplant procedures
is being 'carved out' from the regular plan and covered with a supplementary insurance policy. Transplant carve-outs promotes predictability rather than variability of cost in terms of budgeting, thus helping to stabilize a group's stop loss rates." MORE >>
OneDigital
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Empower Your Benefits Enrollment and Maximize Your ROI
"This year's benefits enrollment season gives employers opportunities to enhance the employee experience and to maximize the ROI of their programs by leveraging technology.... Start by listening to your employees.... Integrate wellbeing resources.... Simplify your employee
experience." MORE >>
Willis Towers Watson
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Walmart to Close All Health Care Clinics and Stop Telehealth Service
"Walmart, citing "lack of profitability," announced plans to close all 51 of its health centers in five states, while the retailer will continue to operate its 4,600 pharmacies and more than 3,000 Vision centers." MORE >>
BenefitsPro; free registration required
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[Opinion]
The Time Is Now for Federal Reform of Direct-to-Consumer Advertising of Prescription Drugs
"In combination with the Inflation Reduction Act's introduction of Medicare drug price negotiations, the Biden administration's reform of Medicare Advantage ads introduced precedent for monitoring direct-to-consumer advertising (DTCA). Yet, there is still room for reform,
regulation, and improvement.... DTCA explicitly increases consumption of pharmaceutical products and, perhaps more insidiously, implicitly influences Americans' perception of drug efficacy.... Patient and consumer protection is desperately needed." MORE >>
Health Affairs Forefront
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Benefits in General |
[Guidance Overview]
Breaking Down the FTC Rule Banning Non-Competes: Action Steps for Employers
"[1] Determine which of your workers have agreed to non-compete clauses. This may include former workers, and may include 'Senior Executives.' [2] Consider whether your existing agreements will be enforceable under applicable state laws that are not
preempted by the FTC rule.... [3] [S]tart thinking about the logistics of notifying your workers about unenforceable non-competes. [4] If your business relies on trade secrets or other confidential information ... consider taking additional steps to protect your most valuable information from being misappropriated by departing workers ... [5] Develop a system to keep track of any restrictive covenants you use moving
forward." MORE >>
Lane Powell
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U.S. Chamber of Commerce Files Suit Against FTC's Noncompete Ban
"The Chamber alleges in its complaint that 'the economy as a whole will suffer' because dominant firms snatch the best employees from startups and small businesses. The Chamber argues that the FTC's Rule is an assertion of power that is contrary to centuries of state and federal law and relies on 'novel claims of authority.' " [Chamber of Commerce of the U.S.A. v. Federal Trade Commission, No. 24-00148 (E.D. Tex. complaint filed Apr. 23, 2024) MORE >>
Wilson Elser
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Lawsuits Filed Challenging the FTC's Final Rule Banning Non-Competes
"To date, three lawsuits have been filed challenging the legality of the FTC's Final Rule banning non-competes. The initial
two cases were filed in Texas federal court, which is widely viewed as a more hospitable forum for attacks on the Rule. The third case was filed in Pennsylvania federal court, possibly for the strategic purpose of creating a circuit split to enhance appellate options.... While other lawsuits against the FTC and its commissioners trickle in, it's likely the U.S. Chamber's lawsuit will take the lead." MORE >>
Polsinelli PC
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Employee Benefits Jobs
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Selected New Discussions |
FSA, COBRA and Rollover Balances Following Asset Sale
"Have an asset sale where the seller will terminate their FSA plan on 5/1 and open up the buyer's existing FSA plan to those seller's former employees. They will roll the existing FSA balances of the seller's employees to the buyer. To my understanding, any employee
of the seller's who was not on their FSA plan when the deal closes does NOT have new FSA election rights under the buyer's plan (unless a QLE occurs down the road). Can anyone confirm this is correct? And how does COBRA come into play here with FSA? If an employee had unused funds left over in the seller's plan, could that employee elect COBRA for the FSA plan (to have access to their unused
funds) AND enroll into the buyer's plan as a newly eligible EE?"
BenefitsLink Message Boards
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Press Releases |
Ascensus Appoints Three New Regional Vice Presidents to Sales Team
Ascensus
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Webcasts and Conferences (Health & Welfare Plans) |
The FTC’s Non-Compete Ban: What it Means for your Business
May 6, 2024 WEBINAR
Smith, Gambrell & Russell, LLP [SGR]
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Last Issue's Most Popular Items |
HHS Strengthens HIPAA Rules to Protect Reproductive Health Privacy
Seyfarth
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Responding to Employee Questions About the FTC's Noncompete Ban
ArentFox Schiff LLP
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DOL Fact Sheet: Rescission of Invalidated Rule on Association Health Plans
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]
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Copyright 2024 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.
BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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