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Health & Welfare Plans Newsletter

September 30, 2024

2 New Job Opportunities 2 New Job Opportunities

 

[Official Guidance]

HHS Fact Sheet: Reduced Coinsurance for Certain Part B Rebatable Drugs Under the Medicare Prescription Drug Inflation Rebate Program (PDF)

"For the time period of October 1-December 31, 54 Part B rebatable drugs have an adjusted coinsurance rate based on the inflation-adjusted payment amount. People with Traditional Medicare and Medicare Advantage who use these drugs may, depending on other health coverage they may have, pay a reduced amount for their coinsurance during this specific quarter. For the quarter, October 1-December 31, people with Medicare may experience coinsurance amounts that are lower than what they would have paid before the new law passed by as much as $1-$3,854 per day."  MORE >>

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

[Guidance Overview]

Final Rules Related to the Mental Health Parity and Addiction Equity Act May Drive You Wild

"The Final Rules amend the definitions of 'medical/surgical benefits' and 'mental health benefits' by removing reference to state guidelines.... The meaningful benefit requirement found in the proposed rules has been finalized, but modified.  ... The Final Rules revise the requirements applicable to NQTLs.... The Final Rules also solidified various requirements relating to compliance with the CAA's NQTL written comparative analysis requirement."  MORE >>

Seyfarth Shaw LLP

[Guidance Overview]

Final Rules on Notice Requirements for Hospital Indemnity Plans Effective 2025

"For hospital indemnity and other fixed indemnity plans, plans and issuers must prominently display the notice below in marketing, application, and enrollment materials for plan years beginning or renewing on or after January 1, 2025. The notice must be on the first page (either paper or electronic) of any marketing, application, and enrollment materials for a fixed indemnity plan in at least 14-point font."  MORE >>

Keenan & Associates

[Guidance Overview]

Employers Should Be Aware of Voting Leave Laws for Mid-Atlantic Employees

"Under Maryland law, employees may take up to two hours of paid leave to vote on Election Day if they do not have two consecutive off-duty hours while polls are open.... Under D.C. Law, employees may take up to two hours of paid leave to vote in person (wherever they are registered to vote, including outside the District, and regardless of whether they have sufficient off-duty time in which to vote).... Under W.V. law, employees may take up to three hours of leave to vote, which is paid unless the employee had at least three consecutive off-duty hours in which to vote but failed to do so."  MORE >>

Shawe Rosenthal LLP

Third Circuit Upholds Dismissal of Putative ERISA Class Action Alleging MetLife Unlawfully Kept $65 Million in Drug Rebates for Its Own Benefit

"The court explained that Plaintiffs must show that they have an individual right to the withheld rebate monies, such that MetLife's purportedly unlawful retention of the monies harmed Plaintiffs. Because Plaintiffs failed to allege financial harm that is actual or imminent, they lack Article III standing." [Knudsen v. MetLife Grp., Inc., No. 23-2420 (3d Cir. Sep. 25, 2024)]  MORE >>

Roberts Disability Law

Understanding Fiduciary Duty Under ERISA and Avoiding Potential Breaches Leading to Lawsuits

"[S]teps to minimize the potential for litigation from an alleged breach of fiduciary duty ... [1]Create and maintain a health and welfare benefits committee that handles plan administration and ERISA compliance. [2] Institute a regular process to monitor and review all plan vendor and service provider activities. [3] Regularly review and revise all contracts with plan vendors and service providers, ensuring they include appropriate indemnification provisions. [4] Hold regular fiduciary duty training for all affected parties. [5] Purchase appropriate ERISA fidelity bonds and consider fiduciary liability coverage. [6] Determine whether plans should be bundled under ERISA or kept separate."  MORE >>

Hall Benefits Law

Employee Benefits Jobs

View job as PSI Retirement Business, Sr. Associate for Principal

PSI Retirement Business, Sr. Associate

Principal

IA / NC

View job as Associate Director of Compliance, Employee Benefits for The Baldwin Group

Associate Director of Compliance, Employee Benefits

The Baldwin Group

Remote / Tampa FL

View job as Associate Director of Compliance, Employee Benefits for The Baldwin Group

Selected New Discussions

Helene: BenefitsLink Is Ok, Many Others Are Not

"Many of you know that BenefitsLink is headquartered in the mountains of North Carolina. Thankfully, we're safe and sound, albeit without cell service and primary internet (thank goodness for StarLink!).

Many around us are not.

We know that Florida and Georgia experienced significant damage. The mountains of North Carolina and Tennessee took a devastating hit.

Over 2' of rain fell in a large swath of the NC mountains; the runoff put rivers at historic flood levels. Power, cell and internet service are all down over a large area, roads are collapsed or otherwise impassable, and many homes and small towns are completely isolated -- or washed away.

Two of the four interstate routes in/out of Asheville -- the two that cross the mountains to the west -- have washed out; a third route (to the east) is blocked in several places.

The damage is almost unbelievable -- and the affected area is almost the size of Massachusetts.

This area is not equipped or prepared for this level of catastrophic destruction. Mountain people are self-reliant survivors, both individually and collectively, but this will be quite a stretch. It will be a long and difficult road forward.

Please keep all in this area in your thoughts and prayers. And if any of our BenefitsLink neighbors have been affected, please reach out on this thread - we'll do what we can to help."

BenefitsLink Message Boards

Press Releases

Sandra Cohen and Carol Buckmann Named to 2025 Lawdragon 500 Leading Corporate Employment Lawyers Guide

Cohen & Buckmann P.C.

Webcasts and Conferences
(Health & Welfare Plans)

Leave Calculations: The Algebra You Didn’t Know You’d Need

November 5, 2024 WEBINAR

Disability Management Employer Coalition [DMEC]

Last Issue's Most Popular Items

Lawsuit Targets Weight Loss Drug Exclusions Under ACA Anti-Discrimination Provision

Miller & Chevalier

Final Mental Health Parity Rules Establish New Standards

Segal

Does Your Health Plan Meet the New Kentucky Prescription Drug Rules?

Bricker Graydon

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

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