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Health & Welfare Plans Newsletter

June 7, 2024

7 New Job Opportunities 7 New Job Opportunities


[Official Guidance]

Text of 2024 IRS Form 720: Quarterly Federal Excise Tax Return (PDF)

8 pages. Patient-Centered Outcomes Research (PCORI) Fee to be reported on page 2. [Also see Draft Instructions for 2024 Form 720, rev. June 2024]  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

HHS Updates Change Healthcare Cybersecurity Incident FAQs (PDF)

"The FAQs clarify that -- [1] covered entities affected by a breach may delegate to the business associate the task of providing the required HIPAA breach notifications on their behalf; [2] only one entity needs to complete breach notifications to affected individuals, HHS, and the media; and [3] if covered entities work with a business associate to perform the required breach notifications consistent with the HITECH Act and the HIPAA breach notification rule, there are no further notice obligations."  MORE >>

Thomson Reuters / EBIA

[Guidance Overview]

Maine Department of Labor Releases Proposed Rules for Paid Family and Medical Leave Program

"The proposed rules provide greater detail as to how the Maine DOL plans to implement and enforce the new program. The program allows Maine employees up to 12 weeks of family and medical leave benefits over a one-year period."  MORE >>

Jackson Lewis P.C.

ERISA Group Health Plans: The New Target for Excessive Fee Cases

"The [Lewandowski] Complaint cherry-picks specific aspects of the PBM arrangements without looking at the arrangement in its totality. Established case law and DOL guidance [support] a fiduciary prudence standard that looks at the overall economics of the service provider arrangement versus a more limited focus on any specific item or service. " [Lewandowski v. Johnson & Johnson, No. 24-0671 (D.N.J. amended complaint filed Feb. 5, 2024)]  MORE >>

Groom Law Group

Ninth Circuit Affirms Judgment Requiring Premera Blue Cross to Pay for Adolescent's 14-Month Residential Treatment

"Premera Blue Cross challenged the district court's consideration of two sets of guidelines from the American Academy of Child and Adolescent Psychiatry ... The court found that the term 'generally accepted standards of medical practice' to be ambiguous, so the district court did not abuse its discretion in considering the Principles of Care." [N.C. v. Premera Blue Cross, No. 23-35381, 2024 WL 2862586 (9th Cir. June 6, 2024; unpub.)]  MORE >>

Roberts Disability Law

Employer Escapes Liability for Sending COBRA Notice to Employee's Previous Address (PDF)

"The court ruled that the employer fulfilled its COBRA obligation by directing the TPA to mail the notice to the address on file. Citing another decision in a similar case, the court explained that -- despite the employer's alleged knowledge of the employee's move -- the employer was not obligated to update the address in its system on its own accord." [Anaya v. Birck, No. 21-2624 (N.D. Ill. May 15, 2024)]  MORE >>

Thomson Reuters / EBIA

District Court Awards More Than $32,000 in ERISA Penalties for Failure to Provide MHPAEA-Related Plan Documents

"[T]he dependent's parent requested that the plan provide (among other documents) a full copy of the medical necessity criteria that the plan used regarding "skilled nursing facilities, sub-acute inpatient rehabilitation treatment, and inpatient hospice treatment." ... The court rejected the argument that the requested documents fell outside the scope of ERISA's disclosure requirements." [W.H. v. Allegiance Benefit Plan Mgmt. Inc., No. 22-0166 (D. Mont. June 4, 2024)]  MORE >>

Thomson Reuters Practical Law

Weighty Decisions: GLP-1 Considerations During Benefits Renewal Season

"While the public may view these drugs as a silver bullet solution, there is also a cloud of potential misinformation regarding who should use them, possible side effects, and other long-term risks and successes. As employers navigate whether to begin or continue covering GLP-1s for obesity, they also need to consider how they will support and educate their workforce about appropriate indications and uses."  MORE >>

BenefitsPro; free registration required

2024 State of Employee Benefits Report: Generational Insights

"Across all generations, employees continue to enroll in traditional plans (PPOs) at a higher rate than HDHPs, and more than half of employees are still choosing traditional plans. ... Across accident, critical illness, hospital indemnity, identity theft, legal and pet benefits, Generation X has the highest participation overall, followed by Millennials and Baby Boomers.  ... Participation in HSA plans is higher than FSA plans across all generations except Traditionalists. ... Across generations, higher salaried individuals choose HDHPs over traditional plans when both are offered."  MORE >>


Improving Affordability of Health Insurance for Consumers by Eliminating the Firewall Between Employer and Individual Markets

"Eliminating the firewall leads to 1.8 million people (1.2%) shifting out of [employer-sponsored insurance (ESI)] ... [T]he tax subsidies for ESI are large enough that most of those with ESI benefit by staying enrolled in that coverage. Removing the firewall would save households $4.4 billion in premiums and other health care spending. The federal government would increase spending by $17.8 billion, primarily for marketplace premium tax credits. This would represent an increase of 18 percent in federal spending on premium tax credits."  MORE >>

The Commonwealth Fund

Vermont Takes Decisive Action to Regulate PBMs

"Vermont Gov. Phil Scott signed into law H233, which strengthens PBM reform and oversight. The law requires PBM certification instead of the state's previous policy of registration. The law also prohibits spread pricing, gag clauses, and making classifications of drugs beyond what is established by state and federal governments and the Board of Pharmacy."  MORE >>

National Community Pharmacists Association [NCPA]


American Employers Embrace Telehealth

"An effort in Congress has recently made clear that policymakers understand the value of telehealth care, with two house committees unanimously approving legislation to extend pandemic-era Medicare telehealth flexibilities for two years ... Protecting Americans' Coverage Together (PACT), a coalition of employer voices committed to strengthening employer-provided coverage for the 160 million Americans that rely on it, commends the House's action to advance robust telehealth provisions."  MORE >>

U.S. Chamber of Commerce

Benefits in General

Senator Seeks Input on Portable Benefits for Gig Workers

"The ranking member of the Senate Health, Education, Labor, and Pensions (HELP) Committee has requested feedback on ways to modernize federal law to allow independent workers access to portable workplace benefits, such as retirement and health care.... Sen. Cassidy notes that at least 27 million Americans engage in independent work ... [and] would like access to portable workplace benefits"  MORE >>

American Retirement Association [ARA]

Undue Influence Claims Under ERISA (PDF)

12 pages. "Although there are some contrary holdings, the great majority of cases hold that state law claims of undue influence with respect to ERISA plans are preempted by ERISA. That a counterclaim involves a dispute over a change of beneficiary form in no way defeats ERISA preemption."  MORE >>

The Wagner Law Group, via Benefits Law Journal

Employee Benefits Jobs

View job as Manager of DC/DB Administration Team for Small TPA Firm

Manager of DC/DB Administration Team

Small TPA Firm

Remote / NJ

View job as Retirement Plan Administrator for Qualified Pension Services (QPS)

Retirement Plan Administrator

Qualified Pension Services (QPS)


View job as Retirement Plan Administrator for Qualified Pension Services (QPS)

View job as Manager, Combo Retirement Plan Consulting for Definiti

Manager, Combo Retirement Plan Consulting



View job as Manager, Combo Retirement Plan Consulting for Definiti

View job as Retirement Plan Administrator for ERISA Services, Inc.

Retirement Plan Administrator

ERISA Services, Inc.


View job as Retirement Plan Administrator for ERISA Services, Inc.

View job as Retirement Plan Quality Assurance Specialist for ERISA Services, Inc.

Retirement Plan Quality Assurance Specialist

ERISA Services, Inc.


View job as Retirement Plan Quality Assurance Specialist for ERISA Services, Inc.

View job as Retirement Plan Relationship Manager for ERISA Services, Inc.

Retirement Plan Relationship Manager

ERISA Services, Inc.


View job as Retirement Plan Relationship Manager for ERISA Services, Inc.

View job as Senior Level DC/DB Administrator for SPS

Senior Level DC/DB Administrator


Remote / Lebanon NJ / PA

View job as Senior Level DC/DB Administrator for SPS

Press Releases

Kerico Warns of Impending Healthcare Crisis as Telemedicine Declines and Transportation Demand Surges


Vestwell Announces Expanded Access For Financial Advisors to J.P. Morgan Asset Management Everyday 401(k)


Groom Recognized as Top-Tier Firm for Employee Benefits by Chambers USA 2024

Groom Law Group

Paul Hastings Strengthens Global Compensation, Benefits, and ERISA Practice with Partner in New York

Paul Hastings

EPIC Welcomes John Antvelink


Webcasts and Conferences
(Health & Welfare Plans)

FTC’s Final Noncompete Rule: What It Means and Next Steps for Employers


McDermott Will & Emery LLP

Employee Benefits Briefing, June 2024

June 7, 2024 WEBINAR

Nixon Peabody LLP

FTC Rule on Non-Competes

June 17, 2024 WEBINAR

Nelson Mullins

Last Issue's Most Popular Items

Do We Have to Furnish the Summary of Benefits and Coverage in Languages Other Than English?

Thomson Reuters / EBIA

Developments in Mental Health Parity Litigation

Dorsey & Whitney, via; free registration required

Minnesota's Paid Leave Law: New Guidance, Higher Payroll Taxes, Amendments

Jackson Lewis P.C.

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

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