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Health & Welfare Plans Newsletter

September 16, 2024

2 New Job Opportunities 2 New Job Opportunities

 

[Official Guidance]

Text of IRS Proposed Regs: Definition of the Term 'Coverage Month' for Computing the Premium Tax Credit

"The proposed coverage month amendment generally would provide that, in computing a PTC, a month may be a coverage month for an individual if the amount of the premium paid, including by advance payments of the PTC (APTC), for the month for the individual's coverage is sufficient to avoid termination of the individual's coverage for that month. The proposal also would amend the existing regulations relating to the amount of enrollment premiums used in computing the taxpayer's monthly PTC if a portion of the monthly enrollment premium for a coverage month is unpaid."  MORE >>

Internal Revenue Service [IRS]

[Sponsor]

Fireside Chat on Mental Health & Well-being in the Workplace.

October is Emotional Wellness Month. Join us October 15 to learn strategies for supporting your own and your employees’ mental health and well-being. Speakers: Jessica Cherry, ReImagining the Workplace LLC; Amy Johnson, LCSW, PMH-C, Urban Wellness.

Sponsored by WEB Network

[Guidance Overview]

Navigating the Key Changes of the Final MHPAEA Regs

"Meaningful benefits require that the plan cover a 'core treatment' for the MH or SUD condition in each classification where core treatments are provided for medical or surgical conditions.... In these final rules, the Departments may have gone a step too far by mandating meaningful benefits and outcome-driven data analyses. These components of the final rules may be vulnerable to challenge particularly considering the US Supreme Court's decision in Loper Bright[.]"  MORE >>

Morgan Lewis

[Guidance Overview]

School Is Back in Session: Possible Leave Entitlements for California Parents

"Under California Labor Code Section 230.8, employers with 25 or more employees working at the same location must provide parents, guardians, or grandparents with custody of a child in grades kindergarten through 12 or attending a licensed daycare facility with up to 40 hours of unpaid leave per year."  MORE >>

Jackson Lewis

[Guidance Overview]

Are Independent Contractors Covered Under Michigan's Earned Sick Time Act?

"ESTA's definition of 'employee' does not include the requirement that payment be subject to tax withholding. When the Michigan legislature adopted and amended ESTA to create the Paid Medical Leave Act, they sought to eliminate any ambiguity as to who could be considered an employee by adding the tax withholding requirement. When the Michigan Supreme Court reinstated ESTA, this ambiguity returned."  MORE >>

Bodman PLC

District Court Finds Error in Denial of Long-COVID Disability Claim

"The Court reasoned that the absence of a clinical diagnosis relating to long-COVID should not preclude eligible persons such as Plaintiff from being designated as Totally Disabled when their self-reported symptoms, observed and documented by physicians, indicate an inability to complete the material tasks of their job." [Cogdell v. Reliance Standard Life Ins. Co., No. 23-1343 (E.D. Va. Sept. 11, 2024)]  MORE >>

Roberts Disability Law

Loper-Bright Decision's Impact on ERISA Disability Case

"The central issue in [this] case was Reliance's failure to issue a timely decision on Ms. Cogdell's appeal, a clear violation of ERISA's procedural safeguards.... At oral argument, Reliance ... argued that the Loper decision ... should also apply to ERISA's regulations, rendering the [DOL's] authority to enforce the appeal deadlines invalid.... [T]he judge ruled that Loper did not apply to ERISA's regulations because Congress had clearly delegated rulemaking authority to the [DOL]." [Cogdell v. Reliance Standard Life Ins. Co., No. 23-1343 (E.D. Va. Sept. 11, 2024)]  MORE >>

BenGlassLaw

Understanding ICHRAs: A Guide for Employers

"Designed to offer greater flexibility and control, ICHRA allows employers to reimburse employees for individual health insurance premiums and qualified medical expenses on a tax-free basis."  MORE >>

AssuredPartners

How Brokers Can Enable Service Excellence in Benefits Administration

"Today, thanks largely to digital technology and its impact of consumer experiences across employees' lives, employees expect more from their employee benefits experiences: [1] A broader array of health and voluntary benefits. [2] The ability to manage their benefits via a connected technology experience. [3] Personalized guidance to help them choose and use benefits effectively."  MORE >>

Benefitfocus

Employee Benefits and Tipping Insights

"[This study] sheds light on the perspectives of employed Americans, particularly frontline workers, on various employee benefits and workplace features.... 84% of employed Americans believe all employers should offer mental health services, with 43% strongly agreeing. ... Gen Z employees are less likely (76%) to agree compared to Millennials (87%) and Baby Boomers (87%)."  MORE >>

Paylocity

Does PBM Market Share Vary by Payer Type?

"A [recent paper] quantifies the degree of of pharmacy benefit manager (PBM) market concentration.... Three PBMs dominate in most all markets. In fact, these three large PBMs (CVS Caremark, Optum Rx, and Express Scripts) account for 73.6% of retail prescriptions filled. This does vary by payer type. "  MORE >>

Healthcare Economist

Legislation Introduced to Allow Veterinary Care to Be Paid from HSA and FSA Accounts

"[The People and Animals Well-being (PAW) Act (HR 9508)] would allow pet owners to use their HSA or FSA accounts to pay for up to $1,000 for veterinary care or a pet health insurance plan, while permitting an unlimited amount of these funds for service animals.... [T]he bill maintains current HSA and FSA contribution limits, ensuring that there will be little to no impact on federal expenditures."  MORE >>

Rep. Claudia Tenney (R-NY)

[Opinion]

Witnesses tell ERISA Advisory Council that Health Plan Participants Don't Understand Appeal Processes and Rights

"The ERISA Advisory Council hosted a panel [September 12] on health plan claim denials and appeals. Panelists testified that it is needlessly difficult to appeal, and suggested reforms.... Recommendations of this kind, transparency and accountability for delayed responses to appeals and related inquiries have been made by other advocates before the Council in previous hearings."  MORE >>

Plan Sponsor Council of America [PSCA]

Benefits in General

ERISA at 50: Celebrating EBSA

"The passage of [ERISA] in 1974 launched a new era of financial security for America's workers, providing critical protections that have safeguarded their retirement, health, and other job-based benefits for 50 years.... This landmark legislation protects the interests of participants and their beneficiaries in employee benefit plans. Title I of ERISA is enforced by the Employee Benefits Security Administration (EBSA)."  MORE >>

Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

Employee Benefits Jobs

View job as Retirement Plan Administrator for Professional Benefit Services, Inc.

Retirement Plan Administrator

Professional Benefit Services, Inc.

Remote / Salem OR

View job as Retirement Plan Administrator for Professional Benefit Services, Inc.
View job as Pension Analyst (Defined Contribution) for Security Mutual Life Insurance Company of New York

Pension Analyst (Defined Contribution)

Security Mutual Life Insurance Company of New York

Remote / AL / AZ / CT / FL / IA / MA / MN / NC / NJ / NY / OH / PA / TX / Hybrid

View job as Pension Analyst (Defined Contribution) for Security Mutual Life Insurance Company of New York

Press Releases

Betterment for Advisors Changes Name to Betterment Advisor Solutions, Reflecting Expanded Functionality

Betterment

WTW Launches Flexible Benefits Service to Help Employers Boost Workforce Financial Health

WTW

DOL Sues R.B. Pamplin Corporation and Owner to Recover Millions in Retirement Funds for Pension Plan Participants

Employee Benefits Security Administration [EBSA], U.S. Department of Labor

Marcia Wagner Appointed to Leadership Positions at American Benefits Council and American College of Employee Benefits Counsel

The Wagner Law Group P.C.

Heidi Lyon Selected for American College of Employee Benefits Counsel

Warner Norcross & Judd LLP

Abbott Admitted to American College of Employee Benefits Counsel

Vorys

Webcasts and Conferences
(Health & Welfare Plans)

Hot Privacy Issues for Health Plans: 2024

September 24, 2024 WEBINAR

Groom Law Group

Last Issue's Most Popular Items

Final Mental Health Parity Rules Signal Significant Changes That Plan Sponsors Need to Understand

Lockton

Sweeping Mental Health Parity Rules Add New Requirements (PDF)

Mercer

Health Plan Compliance Concerns for Year-End 2024

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

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

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