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Health & Welfare Plans Newsletter

May 24, 2024

3 New Job Opportunities 3 New Job Opportunities

 

[Guidance Overview]

DOL Issues Warnings About the Use of AI in FMLA Administration

"Employers are prohibited from using such systems to count FMLA leave use as a negative factor in employment actions such as hiring, promotions, disciplinary actions, or assigning negative attendance points to FMLA-protected absences. An employer would also violate the FMLA if an automated system fails to provide benefits to an employee on FMLA leave if the employer provides those benefits to employees who use other similar types of leave."  MORE >>

The Wagner Law Group

[Guidance Overview]

New HIPAA Privacy Rule Governing Reproductive Health Care Information Imposes Obligations, Deadlines

"Plan sponsors will need to contractually obligate certain outside service providers of their plans to comply with the Final Rule by the applicable deadlines and will need to watch for the sample OCR attestation language that is expected to be released later this year."  MORE >>

Akerman

[Guidance Overview]

HHS Issues New HIPAA Reproductive Health Rules

"The action items imposed by these new rules are: [1] December 23, 2024 Compliance Date: A new attestation that must be signed by any party requesting PHI that is potentially related to reproductive health care to confirm the use or disclosure is not for a prohibited purpose. [2] February 16, 2026 Compliance Date: Updates to the HIPAA Notice of Privacy Practices with descriptions and examples of the new reproductive health rules, as well as additional new restrictions related to the confidentiality of substance use disorder treatment records."  MORE >>

Newfront

[Guidance Overview]

HHS Publishes ACA Section 1557 Nondiscrimination Final Rule Similar to 2016-Era Regs

"[C]overed entities have until July 5, 2025 to comply with the Final Rule's policies and procedures and notice of availability requirements.... [H]ealth insurance coverage or other health-related coverage, including coverage that was not subject to Section 1557 prior to the Final Rule's publication, must make changes to their benefit designs by the first day of the first plan year beginning on or after January 1, 2025"  MORE >>

Groom Law Group

[Guidance Overview]

HHS Updates Regs Implementing Section 504 of the Rehabilitation Act

"Health providers, health insurers, and others that receive [federal financial assistance] from HHS are subject to this Final Rule.... Although there is considerable overlap between section 504 and section 1557, the implementing regulations for these statutes provide different obligations for accommodations."  MORE >>

Groom Law Group

[Guidance Overview]

Changes to Paid Leave Oregon and OFLA Take Effect July 1, 2024

"OFLA no longer covers parental leave and serious health conditions. OFLA will now only offer a total of four weeks of bereavement leave rather than 12 weeks. Sick child leave under OFLA will be expanded ... Leave under PLO and OFLA can no longer be taken concurrently. However, leave under OFLA and PLO must still be taken concurrently with FMLA."  MORE >>

Davis Wright Tremaine LLP

[Guidance Overview]

Connecticut Revamps Statewide Paid Sick Leave Law

"[S]ubstantive amendments ... include [1] expansions of which employers are subject to the law, which individuals are eligible for paid sick leave, and the scope of covered reasons for use and family members, [2] a faster paid sick leave accrual rate, [3] a more pro-employee usage waiting period standard for new hires, [4] removal of provisions on documentation and employee notice to their employer, and ... [5] new provisions on ... frontloading, balance notification, employee transfers, and successor employers."  MORE >>

Seyfarth Shaw LLP

[Guidance Overview]

Wage Detail Reporting for New Minnesota Paid Leave Begins This Year

"All employers with at least one Minnesota employee (not including independent contractors) must submit reporting.... The first Wage Detail Reports will be due on October 31, 2024, and will be based on wages paid between July 1, 2024, and September 30, 2024.... ... Reporting is completed through the DEED Unemployment Insurance Portal.... Employers that are not required to complete Unemployment Insurance Reporting but are subject to Minnesota Paid Leave, must create a 'Paid Leave Only' account[.]"  MORE >>

Sequoia

Network of Health Care Providers Is Important Aspect of Plan Choice (PDF)

"When it comes to their health plan, most people thought that the following aspects were very or somewhat important: the network of health care providers, low out-of-pocket costs, low premiums, prescription drug coverage, simple to understand, and specific coverage included in the plan"  MORE >>

Employee Benefit Research Institute [EBRI]

Most Employers Offer Some Form of Mental Health Benefits

"A survey ... found that most working adults know how to access mental health care services through work (67%).... Nearly one-third (31%) of working adults indicated that they have access to primary care that offers sufficient mental health coverage through their employer, 30% can access an employee assistance program, and 28% have access to telehealth services that offer virtual counseling by phone, an app, or video conferencing."  MORE >>

Medical Xpress

Warning Signs: Are You Working with a Self-Serving PBM?

"PBMs use their service agreements with benefit plans to ... increase the plan's total drug spend and the out-of-pocket costs borne by plan beneficiaries, but allow the PBM to increase its own compensation through hidden channels.... Spread pricing and the 'blank check' ... Rebates and rebate aggregators ... Exclusive mail order or specialty pharmacies ... Restricted audit rights"  MORE >>

BenefitsPro; free registration required

Benefits in General

Pennsylvania Federal Court Will Issue Decision by July 23 on Injunction to Block FTC Non-Compete Ban

"While the two federal actions in Texas challenging the FTC's non-compete ban have garnered much of the attention to date, a challenge of the FTC's rule brought by a small tree trimming business in Pennsylvania is now in the spot light as the federal court there has indicated that it will issue a ruling by July 23rd." [ATS Tree Services, LLC v. FTC, No. 24-1743 (E.D. Penn. complaint filed Apr. 25, 2024)]  MORE >>

Seyfarth

Employee Benefits Jobs

View job as Sr Retirement Plan Administrator for Farmer & Betts, Inc.

Sr Retirement Plan Administrator

Farmer & Betts, Inc.

Grapevine TX

View job as Sr Retirement Plan Administrator for Farmer & Betts, Inc.

View job as Digital Solutionist for Ameritas

Digital Solutionist

Ameritas

Remote

View job as Digital Solutionist for Ameritas

View job as Plan Administration Manager for Ameritas

Plan Administration Manager

Ameritas

Remote

View job as Plan Administration Manager for Ameritas

Webcasts and Conferences
(Health & Welfare Plans)

Keeping Up With Oregon Leave Laws in 2024: Best Practices for Employers

June 4, 2024 WEBINAR

Ogletree Deakins

Last Issue's Most Popular Items

Can a Self-Funded Group Health Plan Exclude Coverage for Gender-Affirming Care?

Verrill Dana LLP

Does the Commencement of a Domestic Partner Relationship Allow an Election Change Under the Cafeteria Plan Change in Status Rules? (PDF)

Thomson Reuters / EBIA

Reminder and Q&As: PCORI Fee Due by July 31, 2024

Willis Towers Watson

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

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