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5 New Job Opportunities
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[Guidance Overview]
Why Your Remote Out of State Employees May Be Entitled to Federal FMLA Leave
"The question is: where is the remote worker's 'worksite'? If your answer is that the remote employee's 'worksite' is their home, you would be wrong.... Field Assistance Bulletin 2023-1 ... requires employers to consider the physical office location remote employees report to and receive their work from as being the 'worksite' for purposes of determining FMLA eligibility." MORE >>
Pullman & Comley
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[Guidance Overview]
California's Temporary Military Leave Law
"In California, temporary military leave gives certain rights to employees of public agencies who take time away from work to serve in the reserves, the National Guard, or the Naval Militia. While this leave may be less common than sick leave, vacation, or maternity and paternity
leave, it's important to know how to handle requests from employees who serve." MORE >>
Liebert Cassidy Whitmore
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Fifth Circuit Affirms Vacatur of Arbitration Provisions of Surprise Billing Rules
"[T]he Fifth Circuit held that the regulations improperly restricted the arbitrators' authority to consider the various factors specified in the NSA when deciding on reimbursement amounts for out-of-network providers' services.... The district court vacated the Final
Rule ... The Fifth Circuit upheld the district court's decision in its entirety[.]" [Texas Med. Ass'n (TMA) v. HHS, No. 23-40217 (5th Cir. Aug. 2, 2024))] MORE >>
ArentFox Schiff LLP
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Seventh Circuit Affirms Health Insurer Not Required to Cover Therapies for Autism
"Defendant started covering these treatments in 2020 when the medical literature changed.... Plaintiffs argued that the Defendant violated the Parity Act because it did not cover K.H.'s proposed therapies until 2020, however, Defendant covered [certain] chiropractic
care ... which Plaintiffs argued lacked scientific support. The district court found that the difference in treatment between these two therapies reflected the differences in the available literature, and not the way Defendant treated mental and physical conditions." [Midthun-Hensen on behalf of K.H. v. Grp. Health Coop. of S. Cent. Wisconsin, Inc., No. 23-2100 (7th Cir. Aug. 5, 2024)] MORE >>
Roberts Disability Law
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Lawsuit Against Wells Fargo Highlights Increasing Focus on Health and Welfare Plan Fiduciaries
"The Wells Fargo complaint echoes many of the same claims as in the JNJ suit ... [N]ew in the Wells Fargo complaint is an allegation the plan fiduciaries engaged in prohibited transactions ... by causing the Plan to pay excessive and unreasonable administrative fees to
its PBM.... Health plan fiduciaries should strongly consider these steps to help reduce their litigation exposure[.]" [Navarro v. Wells Fargo & Co., No. 24-3043 (D. Minn. complaint filed Jul. 30, 2024)] MORE >>
Kutak Rock LLP
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How Do Patients and Providers Feel About Drug Costs in Medicare?
"Cost was top of mind for all beneficiaries despite most being able to obtain their prescription drugs ... Beneficiaries described taking drug costs into account when they choose their Medicare plan or make decisions to purchase medications outside their Medicare
coverage.... Provider participants in the focus groups said they see the cost of prescription drugs as a big issue for their patients and that cost is the biggest factor driving compliance." MORE >>
The Commonwealth Fund
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Congressional Leaders Call for Review of Medicare Cost-Shifting Drug Price Policy
"Lawmakers are calling on the [GAO] to review the Medicare Part D Premium Stabilization Demonstration recently announced by
[CMS] ... Through new taxpayer-financed policy adjustments, the demonstration seemingly intends to deflate seniors' premiums that are otherwise slated to increase dramatically following the counterintuitive, haphazardly-written Inflation Reduction Act's drug price provisions. However, the agency has not produced any budgetary analysis and appears to lack a clear statutory basis or credible research goals for the
proposal. " MORE >>
Energy & Commerce Committee, U.S. House of Representatives
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Idaho Governor Extends Benefits for Foster Parents
"[S]tate employees who become foster parents can now get eight weeks of paid parental leave after welcoming a foster child into their home.... In 2020, Governor Little introduced a similar benefit for new parents after the birth or adoption of a child through his Executive Order 2020-03 ... Now, he is extending the benefits for foster parents." MORE >>
KREM2
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[Opinion]
Steps for Employers, VPs of HR and CFOs to Avoid Fiduciary Litigation Over Health Plan Costs
"[E]mployers/plan sponsors should use free and independent brokers/consultants who openly and readily disclose every penny they receive from all service providers.... You must review your broker's compensation disclosure. And no, you don't want to rely on the one that
they paid tens of thousands to a law firm to write as evasively as they could. You want to craft your own. And you need that document to be specific. If you don't, you are open to liability -- even personal liability." MORE >>
Craig Gottwals, via Substack; free registration may be required
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Benefits in General |
Tracking the Financial Wellness of Plan Participants, Q2 2024 (PDF)
"This quarter, more participants, nearly 9 in 10, kept their savings rate consistent. More participants took a loan and slightly more took a hardship distribution, but average amounts withdrawn were consistent with last quarter.... While nearly 4 in 10 participants contributed
more than they withdrew from their health savings account, more participants could benefit by taking advantage of the investment feature to grow long-term health care savings. " MORE >>
Bank of America Merrill Lynch
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Senate Committee Passes Bill That Would Boost EBSA Funding
"According to the bill, the DOL would receive $13.8 billion in discretionary funding, and EBSA will receive
$206 million, an increase of $15 million, for fiscal year 2025.... Acting Secretary of Labor Julie Su had testified before the House Committee on Appropriations in April, requesting a $13.9 billion total budget for 2025. Her request also included a plan to set aside $4.7 million to implement provisions from the SECURE
2.0 Act of 2022." MORE >>
planadviser
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Employee Benefits Jobs
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Selected New Discussions |
Non-Discrimination Testing
"I work for a large physician group. The majority of our workforce are HCEs. We have one health plan with no class distinctions listed in the plan document. All physicians and employees are eligible for the same plan with the same eligibility rules. Here is the contribution
structure for non-physicians and the CEO: EE-100%, EE+SP-$400, EE+CH-$250, FAM-$550. Now this is only for the Employees. For physicians we pay 100% of all plans including dependents. Is this plan considered discriminatory? We have passed 125 testing as we are not required to report the premiums paid if the ER pays 100%. Now if the physician works less than FT hours, we do charge them for that portion of the ERs cost of their benefits so in a
way we are not treating them the same. In my past life we recommended another physician group to gross up salaries for the physicians so that we show that we are treating everyone the same. What is your recommendation? We have never done 105(h) testing and not sure if we need to do so."
BenefitsLink Message Boards
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Press Releases |
Natixis Investment Managers joins the Retirement Advisor Council
Retirement Advisor Council
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Webcasts and Conferences (Health & Welfare Plans) |
Michigan Employment Law Update: Earned Sick Time and Minimum Wage
August 14, 2024 WEBINAR
Ogletree Deakins
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Last Issue's Most Popular Items |
Compliance Considerations for GLP-1 Coverage Limitations (PDF)
Gallagher
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HIPAA Privacy Rule Model Attestation for Reproductive Health Information
Kilpatrick Townsend
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Anticipating the MHPAEA Final Regs: A Word About Network Composition
McDermott Will & Emery
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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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