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Health & Welfare Plans Newsletter

June 20, 2024

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[Guidance Overview]

Exceptional Usefulness and Quality icon Compliance Considerations for Spousal Incentive HRAs

"[1] ACA integration required ... [2] HSA eligibility ... [3] Section 105(h) nondiscrimination ... [4] PCORI fees ... [5] ACA reporting ... [6] COBRA cost of coverage ... [7] No premium reimbursement ... [8] No Medicare reimbursement ... [9] Domestic partner health plans ... [10] The standard GHP requirements."  MORE >>

Newfront

[Guidance Overview]

IRS Issues FAQs on Educational Assistance Programs

"The FAQs include nine questions and answers about EAPs, including the requirements for an EAP, what qualifies as educational assistance, and the amount excludable from taxation under an EAP. The FAQs also specifically address reimbursement for student loans or debt related to educational expenses[.]"  MORE >>

Littler

[Guidance Overview]

The Pregnant Workers Fairness Act Final Regulation Is Finally in Effect: What Employers Need to Know

"The PWFA is intended to serve as a gap filler. The law provides explicit protections for employees relating to pregnancy, childbirth, or related medical conditions where other federal and state statutory protections may not provide such coverage.... Training human resources professionals and management teams tasked with fielding accommodation requests will be critical in ensuring compliance with the PWFA and corresponding regulations."  MORE >>

Dentons

[Guidance Overview]

Group Health Plans Must Comply with Enhanced HIPAA Privacy Rights for Reproductive Health Care

"[T]he HIPAA RHC Rule's protections do not apply if the HIPAA Privacy Officer for the group health plan reasonably determines that the reproductive health care was not lawful under the circumstances (based on the law of the state in which the health care is provided).... Group health plans may presume that the health care provided was lawful, unless the group health plan has actual knowledge to the contrary or the person making the request provides factual information demonstrating a substantial factual basis that the health care was not lawful. "  MORE >>

Nelson Mullins

[Guidance Overview]

Final Section 1557 Rules: Highlights for Health Plan Sponsors

"Plans that are subject to the rules must take specific administrative compliance measures that include designating an individual to coordinate compliance (if the employer has more than 15 employees), establishing written policies and procedures, and issuing notices to plan participants. The regulations address ... coverage for gender transition and gender-affirming care and the potential for bias in algorithms and other tools that assist in making health care and coverage decisions."  MORE >>

Ballard Spahr LLP

[Guidance Overview]

Is Your Business Ready for Chicago's Paid Leave and Paid Sick and Safe Leave Ordinance?

"The Chicago Paid Leave and Paid Sick and Safe Leave Ordinance is set to take effect on July 1, 2024, and the City's Department of Business Affairs and Consumer Protection has published its long-awaited interpretive rules. These final rules provide guidance on several questions unanswered by the Ordinance, such as its application to remote workers, requirements for written leave policies, permissible restrictions on an employee's ability to take leave, and recordkeeping requirements."  MORE >>

Jackson Lewis P.C.

SCOTUS Mifepristone Ruling Leaves Employers in Coverage Quandary

"Employers, health plans, and medical providers still face uncertainty over compliance and coverage of abortion drugs even after the US Supreme Court's recent dismissal of a lawsuit challenging mifepristone's approval temporarily resolved questions around patient access.... Wide-ranging state laws and the potential for another challenge to the drug's approval continue to pose a confusing web of regulations for clinicians and companies[.]"  MORE >>

Bloomberg Law

U.S. Hospitals Are Prone to Cyberattacks Like One That Hurt Patient Care at Ascension

"A May 8 ransomware attack against Ascension, a Catholic health system with 140 hospitals in at least 10 states, locked providers out of systems that track and coordinate nearly every aspect of patient care. They include its systems for electronic health records, some phones, and ones 'utilized to order certain tests, procedures and medications' ... Despite a precipitous rise in cyberattacks against the health sector in recent years, a weeks-long disruption of this magnitude is beyond what most health systems are prepared for[.]"  MORE >>

KFF Health News

[Opinion]

Best Practices for AI in Health Insurance Claims Adjudication and Decision-Making

"[The FDA has] outlined principles for good ML practices for medical product development. ISPOR -- the professional society for health economics and outcomes research -- has published a good practices report for applying ML methods. The National Health Council published a Rubric to guide stakeholders to enhance patient centricity of processes across the health care ecosystem. These guidance documents provide a foundation to incorporate ethical guidelines and standards that are specific to insurers as they develop, select, and use ML tools that support their beneficiary coverage determinations."  MORE >>

Health Affairs Forefront

Benefits in General

House Subcommittee to Conduct Oversight Hearing of the Employee Benefits and Security Administration

"On Thursday, June 27, at 10:15 a.m., the Subcommittee on Health, Employment, Labor, and Pensions ... will hold a hearing titled Examining the Policies and Priorities of the Employee Benefits Security Administration.... 'Instead of advancing initiatives to strengthen and improve employer-sponsored health care plans, the Employee Benefits Security Administration's (EBSA) imprudent regulatory efforts have saddled American workers with higher costs, fewer benefits, and less flexibility,' said Chairman [Bob Good (R-VA)]. ... The hearing will be live-streamed on the Committee's YouTube page."  MORE >>

Subcommittee on Health, Employment, Labor, and Pensions, Committee on Education and the Workforce, U.S. House of Representatives

Employee Benefits Jobs

View job as Retirement Plan Administrator for Retirement Solutions Specialists

Retirement Plan Administrator

Retirement Solutions Specialists

Remote / Jacksonville FL / Hybrid

View job as Retirement Plan Administrator for Retirement Solutions Specialists

Selected New Discussions

Medical Waiver for Retirees

"Our employer offers early retirement packages to qualified employees. One of the benefits is a substantial medical waiver payment in lieu of retiree health insurance. The employee gets the waiver for three years and then is offered the option to join the health insurance at the same benefit they would have had at retirement. Medical waiver while employed is fully taxable to the employee. Is it still so taxed as a non-employee benefit. There is a Cafeteria 125 plan in effect but it doesn't address this issue."

BenefitsLink Message Boards

Press Releases

Micruity and MetLife Expand Collaboration to Enhance Access to Retirement Income Solutions

Micruity

Webcasts and Conferences
(Health & Welfare Plans)

Inclusive Benefit Distribution for a Changing Workforce

RECORDED

Lorman Education Services

Understanding Your Health Plan Renewal

RECORDED

Lorman Education Services

Are Vitamins FSA or HRA Eligible?

RECORDED

Kushner & Company

Last Issue's Most Popular Items

Thorny Laws That ICHRA Vendors Should Consider

Foley & Lardner LLP

Group Medical Captives, Level Funding and U.S. Healthcare Policy

McDermott Will & Emery

Can We Pay a Deceased Employee's Unused HRA Balance to the Employee's Surviving Spouse?

Thomson Reuters / EBIA

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

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