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Health & Welfare Plans Newsletter

October 16, 2024

3 New Job Opportunities 3 New Job Opportunities

 

[Official Guidance]

Text of CMS Final 2026 Actuarial Value Calculator Methodology (PDF)

22 pages. "The AV Calculator represents an empirical estimate of the AV calculated in a manner that provides a close approximation to the actual average spending by a wide range of consumers in a standard population. This document is meant to detail the specific methodologies used in the AV calculation." [Also available: Final 2026 Actuarial Value Calculator (XLSM)]  MORE >>

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

[Guidance Overview]

Maximum Out-of-Pocket Limits Released for 2026

"For the 2025 plan year, the OOP limits are set at $9,200 for self-only coverage and $18,400 for family coverage. These limits will see an increase in 2026 to $10,150 for self-only coverage and $20,300 for family coverage."  MORE >>

Keenan & Associates

[Guidance Overview]

ACA Reporting Cheat Sheet: Reporting Made Easy

"[This article provides] answers to the most commonly asked questions for ACA reporting requirements, guidance on which forms are required to complete, upcoming deadlines, and more to remain compliant."  MORE >>

OneDigital

[Guidance Overview]

Is Your Plan Prepared for the Mental Health Parity Fiduciary Certification Requirements?

"Although the Departments will continue to require plans to complete a comparative analysis, the final rules declined to provide an exhaustive list of the NQTLs that should be analyzed, leaving an almost infinite pool of potential NQTLs for plans to consider.... For now, the Departments point plans and issuers towards their reports to Congress [in 2023 and earlier] that list NQTLS on which the Departments have focused their enforcement efforts or have found the most noncompliance, as well as the 2020 Self Compliance tool that includes an illustrative non-exhaustive list."  MORE >>

Bricker Graydon

[Guidance Overview]

Final Rules on MHPAEA and the NQTL Comparative Analysis

"Under the final rules, at least one plan fiduciary must certify that the fiduciary has engaged in a prudent process to select a qualified service provider to prepare the NQTL comparative analysis. The fiduciary must also certify that the fiduciary has engaged in a process to monitor the service provider's performance. The process for the fiduciary should include, at a minimum, asking questions about the analysis and discussing it with the service provider to understand the findings and conclusions.... The fiduciary certification requirement is effective for plan years beginning on or after January 1, 2025."  MORE >>

Venable LLP

[Guidance Overview]

New York Employers: New Break and Leave Laws for Pregnant and Nursing Employees

"All nursing employees are entitled to a 30-minute paid break to express breast milk each time an employee 'has reasonable need' to do so. The NY DOL's written policy on employees' rights to express breast milk must be provided at hire, annually, and when an employee returns from work following the birth of a child. Effective January 1, 2025, eligible employees will be entitled to 20 hours of paid prenatal leave, in addition to sick time."  MORE >>

Goldberg Segalla

Johnson & Johnson Case Sparks Concerns Over Future Excessive Health Fee Litigation

Defendants" motion to dismiss has been fully briefed as of August 12. However, both Plaintiff and Defendants recently filed notices of supplemental authority citing to the Third Circuit's decision in Knudsen v. MetLife Group, Inc.... The Third Circuit held that Plaintiffs lacked standing to lead the suit because they couldn't show they were owed the rebate savings, thus failing to establish an injury-in-fact.... If Plaintiff successfully survives the dismissal, we can expect to see even more of these cases filed by plaintiffs' firms, regardless of the merits of the allegations. " [Lewandowski v. Johnson & Johnson, No. 24-0671 (D.N.J. complaint filed Feb. 5, 2024)]  MORE >>

Jackson Lewis P.C.

Court Finds No FMLA Retaliation Claim When Employee Submitted Conflicting Medical Reports

"After investigating the circumstances and reviewing Shipton's medical documentation, BGE believed he had been misusing leave.... Shipton's conflicting paperwork and BGE's investigation reasonably gave rise to an honest belief on the part of the employer at the time of his firing that Shipton was misusing FMLA leave -- even if that later turned out not to be the case. Accordingly, the court found in favor of BGE and against Shipton on his FMLA retaliation claim." [Shipton v. Baltimore Gas and Elec. Co., No. 23-1360 (4th Cir. Jul. 31, 2024)]  MORE >>

McAfee & Taft

EEOC Steps Up Enforcement for Pregnant Workers: What Businesses Need to Know About the Pregnant Workers Fairness Act

"Some employers have been caught off guard since pregnancy-related leave, without extenuating medical complications, has largely been a function of company parental leave policies, particularly where a worker has not been employed long enough to qualify for other leave. Employers need to take note that they are now required to engage in the interactive process to determine whether an employee is entitled to an accommodation for a pregnancy-related condition -- even those not associated with complications -- such as normal childbirth and recovery time."  MORE >>

Holland & Hart

[Opinion]

The Efficacy and Affordability of Treating Diabetes and Obesity

"Diabetes is generally the most expensive and fastest growing therapeutic class within the majority of corporate drug benefit plans. It presents a huge population health problem and affordability challenge. Yet, we are wasting ever more billions of dollars overtreating Americans with respect to diabetes and obesity."  MORE >>

Chelko Center for Benefits Management

Benefits in General

Annual Enrollment: Building Workforce Resilience

"Today's employees, reflecting longer term generational trends, seek benefits that provide broad choice, flexibility, and value for their investment.... [E]mployees say their financial situation is their number one challenge -- but it's the area where employer support is least effective.... Over the past few years, employer have often prioritized emotional wellbeing, whereas employees say they need the most help with financial security."  MORE >>

Willis Towers Watson

How the Federal Government Can Support Flexible Benefits for Independent Workers

"With states already beginning to experiment with various portable benefits models, the federal government can add to these efforts through seven comprehensive reforms that seek to ... [1] Remove barriers to benefits. [2] Create flexible benefits and savings opportunities. [3] Improve access to healthcare benefits."  MORE >>

Mercatus Center, George Mason University

Employee Benefits Jobs

View job as Retirement Plan Consultant for July Business Services

Retirement Plan Consultant

July Business Services

Remote / Waco TX

View job as Retirement Plan Consultant for July Business Services
View job as Senior Level DC/DB Administrator for Steidle Pension Solutions, LLC

Senior Level DC/DB Administrator

Steidle Pension Solutions, LLC

Remote / Lebanon NJ / Hybrid

View job as Senior Level DC/DB Administrator for Steidle Pension Solutions, LLC
View job as Retirement Plan Administrator for Strongpoint Partners

Retirement Plan Administrator

Strongpoint Partners

Remote

View job as Retirement Plan Administrator for Strongpoint Partners

Press Releases

New AI Tool Helps Americans Get Immediate, Helpful Answers to HSA and Consumer-Directed Benefits Questions

HealthEquity

T. Rowe Price Launches Lifetime Income Solution for Retirees with Pacific Life

T. Rowe Price

Pentegra Earns CEFEX Certification as a Pooled Plan Service Provider

Pentegra

Investment Company Institute Board of Governors Elects New Board Members

ICI [Investment Company Institute]

Webcasts and Conferences
(Health & Welfare Plans)

Compliance Considerations for Self-Funding

November 12, 2024 WEBINAR

UBA [United Benefit Advisors]

Don’t Get Caught Off Guard: What Managers Should Know Before a Request for Leave or an Accommodation is Made

November 19, 2024 WEBINAR

The Wagner Law Group P.C.

Last Issue's Most Popular Items

Practical Pointers for Compliance with New MHPAEA Regs

Ballard Spahr LLP

Controlled and Affiliated Service Group Rules for Retirement and Cafeteria Plans: An Overview

EisnerAmper

MHPAEA Final Regs Have Been Issued

Bricker Graydon

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

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