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Health & Welfare Plans Newsletter

August 28, 2024

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[Official Guidance]

Text of CMS Federally-Facilitated Exchange (FFE) Enrollment Manual (PDF)

208 pages. "This manual is effective as of August 19, 2024.... This manual provides operational policy and guidance on key topics related to eligibility and enrollment within the FFE, as well as within the SBE-FPs, which use the Federal platform to perform their eligibility and enrollment functions."  MORE >>

Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]

[Guidance Overview]

Many Medicare Beneficiaries Will Spend Less Than Expected to Reach New $2,000 Out-of-Pocket Spending Limit

"One of the less-publicized provisions of the Inflation Reduction Act of 20221 (IRA) changes the way beneficiary cost sharing accumulates to the new out-of-pocket threshold value, which is $2,000 for 2025.... Most likely, the only beneficiaries who will pay the full $2,000 to satisfy their MOOPs in 2025 will be non-low-income beneficiaries who are enrolled in a plan with basic Part D coverage or who are in an enhanced plan but exclusively utilize drugs with cost sharing greater than or equal to what is under (i.e., leaner than) the defined standard benefit."  MORE >>

Milliman

Eighth Circuit: ERISA Health Plan's Counterclaim Seeking Equitable Right to Settlement Funds Does Not Establish Subject-Matter Jurisdiction in Federal District Court

"Though none of the parties raised the issue of subject-matter jurisdiction, the Eighth Circuit determined that the district court did not have subject-matter jurisdiction. The court found dispositive the fact that the family could not have brought their claim under ERISA because they were not plan beneficiaries. Because they could not have sued under ERISA, there is no complete preemption of their state law claim." [Kellum v. Gilster-Mary Lee Corp. Grp. Health Benefit Plan, No. 23-2765 (8th Cir. Aug. 26, 2024)]  MORE >>

Roberts Disability Law

Seventh Circuit Rules on Autism Therapy Limits Under MHPAEA

"The court concluded that the insurer was entitled to rely on the available medical literature when determining treatments to cover if the process applied to both mental health and medical benefits.... The court determined that MHPAEA requires that treatment limitations applicable to mental-health benefits be no more restrictive than treatment limitations 'applied to substantially all' medical and surgical benefits covered by the plan. Although the court did not determine exactly what 'substantially all' meant in this context, they did conclude that it meant more than one." [Midthun-Hensen v. Grp. Health Coop. of S. Cent. Wis., Inc., No. 23-2100 (7th Cir. Aug. 5, 2024)]  MORE >>

NFP

Do I Need a Wrap Document for My Health and Welfare Plans?

"Without a wrap document establishing a single ERISA plan, an employer could be determined to have multiple, separate ERISA plans, each with its own Form 5500 filing requirement and applicable late penalties. Without complete information specific to the employer and the employer's health and welfare plan, there is more exposure to liability for participant claims and lawsuits due to inconsistent administration resulting from missing, vague, conflicting or inaccurate plan language."  MORE >>

KLB Benefits Law Group

Oregon's Hospital Payment Cap and Enrollee Out-of-Pocket Spending and Service Use

"[T]he Oregon All Payer All Claims database, the cap was associated with a 9.5% reduction in out-of-pocket spending per procedure and a 4.8% increase in the number of outpatient procedures received per enrollee per year."  MORE >>

JAMA Health Forum

Payers Have an Opportunity to Expand Value in Home-Based Health

"Home-based healthcare can deliver better outcomes, at lower cost, and with a better patient experience. Technology exists to enable the most sophisticated solutions, yet, post-pandemic adoption of virtual services, including hospital at home and many consults, has waned. The challenges seem to be a mix of reimbursement, policy and cultural expectations."  MORE >>

Alvarez & Marsal

Pharmacy Accessibility and Social Vulnerability (PDF)

"In the US, CVS announced plans to close 900 stores in the next 3 years, and Rite Aid filed for bankruptcy. As pharmacies close, more and more individuals are left without easy access to medications, with disproportionate consequences for certain communities. Patients in higher SVI counties with a lower PCP density had a 30% to 40% higher likelihood to reside in regions with pharmacy deserts. These findings highlight how disparities compound to create barriers to access basic health care."  MORE >>

JAMA Health Forum

Benefits in General

[Official Guidance]

IRS Provides Relief to Ernesto Victims Throughout the U.S. Virgin Islands

"[I]ndividuals and businesses throughout the U.S. Virgin Islands affected by Tropical Storm Ernesto that began on Aug. 13, 2024 ... now have until Feb. 3, 2025, to file various federal individual and business tax returns and make tax payments.... [I]ndividuals and households that reside or have a business in any of the U.S. Virgin Islands' four islands qualify for tax relief."  MORE >>

Internal Revenue Service [IRS]

Post-Chevron World: Employee Benefits Cases and Areas of Law to Watch

"It is unclear how the end of Chevron deference will affect employee benefits legislative regulations long term; current litigation may give insight. [1] ESG ... [2] Section 1557 ... [3] Use of forfeitures  ... [4] DOL's final fiduciary rule ... [6] IRS Code Section 401(a)(9) RMDs."  MORE >>

Davis Wright Tremaine LLP

Employee Benefits Jobs

View job as Retirement Plan Compliance Analyst for The Standard

Retirement Plan Compliance Analyst

The Standard

Remote

View job as Retirement Plan Compliance Analyst for The Standard

Press Releases

Trucker Huss Supports Black Women Lawyers Association of Los Angeles, Inc. Annual Installation

Trucker Huss

LIMRA Establishes New Artificial Intelligence Industry Group

LIMRA

Hall Benefits Law ERISA Partners Ranked by Best Lawyers in America® 2025 Edition

Hall Benefits Law

Prudential to Fulfill $221 Million in Retirement Promises for Sound Retirement Trust in Industry's First Multiemployer Pension Risk Transfer

Prudential Financial, Inc.

Webcasts and Conferences
(Health & Welfare Plans)

The Latest on Non-Competes and Independent Contractors

RECORDED

Williams Mullen

Health and Welfare Benefit Plans National Institute 2024

October 17, 2024 in DC

American Bar Association Joint Committee on Employee Benefits [JCEB]

Last Issue's Most Popular Items

How to Be Sure Your PBM's Actions Align with Your Objectives

Segal

Sixth Circuit: Beneficiary Who Murdered and Dismembered Parents Cannot Claim ERISA Life Insurance Benefits

Thomson Reuters Practical Law

How AI Creates Cybersecurity Vulnerabilities, and What to Do About It

Willis Towers Watson

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

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