"[If] 10% or more of the population residing in a county is literate only in the same non-English language (based on U.S. Census data), notices delivered to addresses in that county by a non-grandfathered group health plan or insurer must include a one-sentence statement, in the applicable language, explaining how to access language-assistance services.... The agencies have provided sample language for the one-sentence statement in each of the applicable languages."  MORE >>

"This decision ... emphasizes that participants challenging the application of an NQTL that is based on determinations in the available medical literature ... cannot establish a parity violation by choosing a single medical/surgical benefit to compare to a mental health benefit.... [T]he decision addresses -- perhaps for the first time -- an NQTL that limits coverage based on the covered individual's age, concluding that such a limitation is permissible under the MHPAEA if it is reasonably based on medical research and clinical efficacy." [Midthun-Hensen v. Grp. Health Coop. of S. Cent. Wis., Inc., No. 23-2100 (7th Cir. Aug. 5, 2024)]  MORE >>

"The Ninth Circuit stated that, under the FMLA, an employer ... 'may require' that the employee, at the employer's expense, obtain the opinion of a second or third health care provider or seek recertifications on a reasonable basis.... The Ninth Circuit then ruled that ... '[The FMLA] does not require an employer to provide contrary medical evidence if it doubts the validity of the original certification, let alone mandate that an employer must do so in order to challenge the sufficiency of that original certification in court.' " [Perez v. Barrick Goldstrike Mines, Inc., No. 23-15043 (9th Cir. Jun. 28, 2024)]   MORE >>

"[A] modest paid leave program of six additional weeks -- with equal access for mothers and fathers -- may have the unintended effect of increasing labor market inequities between women and men. Greater take-up of paid leave among women (relative to men) tends to reinforce long-standing gender norms and childcare patterns, which have limited women's labor market advancement."  MORE >>

"The percentage of private-sector establishments offering health plans that report they self-insure at least one of their health plans has been generally increasing since at least the mid-1990s ... Since passage of the ACA .. [s]elf-insurance has increased in small and medium-sized firms, while it has decreased in larger firms, though these trends may have reversed themselves in 2023."  MORE >>

"Stop-loss carriers ... have always preferred at least three years of large claim history and demographic data, but now request more in-depth data on individual claimants.... With this added information in the mix, potential carriers are taking longer to review data and respond to RFPs. In fact, employers that don't take these delays into account may be cutting the renewal too close to their open enrollment deadlines."  MORE >>

"[E]mployers must have legally compliant policies and procedures that enable them to address these issues in a timely and legal manner. Similarly, employers should ensure that their group healthcare plan provides readily accessible and understandable information regarding available mental health resources, including EAP resources, and how to access them."  MORE >>

"The $2,000 cap on retirees' out-of-pocket spending, starting in January, is down from an effective cap this year of around $3,500. A typical retiree pays much less than $3,500 for their drugs, so these spending limits mainly are there to protect retirees taking expensive medications.... [T]he changes next year will put pressure on premiums because insurers will start paying a larger share of the total cost of a retiree's medications."  MORE >>

"[T]he ruling reaffirms the enforceability of properly drafted non-competes in the employment context in states that permit them.... [W]hile the Court's decision precludes the Rule's intended near-total prohibition on non-competes in the employment context, it does not mean all employee non-competes will be enforceable.... [E]mployers should be aware that this decision could spur state or federal lawmakers to enact statutory limitations on non-competes, as some states have already done." [Ryan LLC v. Federal Trade Commission, No. 24-0986 (N.D. Tex. Aug. 20, 2024)]  MORE >>