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Health & Welfare Plans Newsletter

July 1, 2024

3 New Job Opportunities 3 New Job Opportunities


[Guidance Overview]

Final Regs Under the ACA Section 1557 Nondiscrimination Rules: Highlights for Group Health Plans

"While a plan administered by a covered TPA is not subject to the rules by extension, the preamble devotes some discussion to liability for discriminatory plan design that may lead to changes in the way self-funded plans and TPAs currently operate and document responsibility for plan design decisions."  MORE >>

Spencer Fane

[Guidance Overview]

New York State Now Requires Paid Lactation Breaks

"New York employers are now required to provide up to 30 minutes of paid break time each time an employee has a reasonable need to express breast milk. While New York employers have been required to provide breaks to nursing mothers since ... 2007, this amendment to the New York Labor Law significantly expands this requirement."  MORE >>


Air Ambulance Ruling Undermines No Surprises Act Protections

"The Guardian Flight case, which was brought by two air ambulance providers, found the NSA lacks a judicial remedy in the event that a health insurer refuses to pay the reimbursement amount established by the independent review process. This ruling, if upheld, throws a huge monkey wrench into the elaborate protections the NSA was enacted to provide. The decision in Guardian Flight makes the IDR process illusory, thus leaving providers with no means to collect unpaid charges for services rendered." [Guardian Flight LLC v. Health Care Service Corp., No. 23-1861 (N.D. Tex. May 30, 2024; appeal to 5th Cir. filed Jun. 24, 2024, No. 24-10561)]  MORE >>

DeBofsky Law

The Concierge Catch: Better Access for a Few Patients Disrupts Care for Many

"With the national shortage of primary care physicians reaching 17,637 in 2023 and projected to worsen, more Americans are paying for the privilege of seeing a doctor -- on top of insurance premiums that cover most services a doctor might provide or order. Many people seeking a new doctor are calling a long list of primary care practices only to be told they're not taking new patients."  MORE >>

KFF Health News

Benefits in General

CRS Legal Sidebar: Supreme Court Overrules Chevron Framework

"The majority's frequent reference to [Skidmore v. Swift (1944)] and use of language from that decision suggests that, going forward, the Court expects lower courts to look to Skidmore to guide their consideration of an agency's preferred interpretation of an ambiguous statute. Skidmore gave its name to a much weaker form of deference that does not require courts to defer to agencies.... [T]he majority reasoned that statutory ambiguities do not call for policy expertise or draw judges into making policy -- they call for the exercise of legal judgment. This distinction exists because, the majority stressed, courts, not agencies, have expertise in interpreting statutes and have done so for centuries." [LSB811189 Jun. 28, 2024] [Loper Bright Enterprises, Inc. v. Raimondo, Sec. of Comm., No. 22-451 (S. Ct. Jun. 28, 2024)]  MORE >>

Congressional Research Service [CRS]

Employee Benefits Jobs

View job as Sr Retirement Plan Consultant for SetAway, LLC

Sr Retirement Plan Consultant

SetAway, LLC

Remote / Bedford NH / CT / MA / ME / RI / VT

View job as Sr Retirement Plan Consultant for SetAway, LLC

View job as Senior Retirement Plan Client Service Manager for Moneta

Senior Retirement Plan Client Service Manager


Saint Louis MO / Hybrid

View job as Senior Retirement Plan Client Service Manager for Moneta

View job as Retirement Plan Compliance Analyst for Empower

Retirement Plan Compliance Analyst



View job as Retirement Plan Compliance Analyst for Empower

Webcasts and Conferences
(Health & Welfare Plans)

What Your Business Needs to Know About New Paid Leave Laws in Chicago and Cook County, Illinois


Jackson Lewis LLP

Revisiting PTO Exchange and Employee Options for Paid Leave


Seyfarth Shaw LLP

Chevron Overruled: What It Means and What’s Next?

July 2, 2024 WEBINAR

Morgan Lewis

2024 Mid-Year Compliance Updates for Group Health Plans

July 18, 2024 WEBINAR

Acrisure LLC

Last Issue's Most Popular Items

DOL Presentation: The Family and Medical Leave Act (PDF)

Wage and Hour Division [WHD], U.S. Department of Labor [DOL]

HHS Final Rule Amends HIPAA Privacy Rules Post-Dobbs

Trucker Huss

Supreme Court Ends Judicial Deference to Federal Agency Expertise

Government Executive

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

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