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Health & Welfare Plans Newsletter

October 25, 2024

 

[Guidance Overview]

IRS Expands Preventive Care Benefits for HDHPs

"Under Notice 2024-75, a plan will not fail to qualify under section 223(c)(2) if it provides benefits for OTC birth control with or without a prescription, including emergency contraceptives and male condoms. The guidance also expands the coverage of breast cancer screenings initially set out in Notice 2004-23 to include other options like ultrasounds and MRIs. Finally, the guidance makes clear that benefits for continuous glucose monitors for diabetes patients and selected insulin products described in section 223(c)(2)(G) of the Code are treated as preventive care."  MORE >>

Miller & Chevalier

[Guidance Overview]

Agency FAQs Address Coverage of PrEP and Reconstructive Breast Surgery (PDF)

"The FAQs explain that plans and insurers must cover items or services coded as preventive without cost-sharing unless the plan or insurer has individualized information to establish that the item or service is not preventive.... [P}lans and insurers that provide medical and surgical services for mastectomy and are subject to WHCRA are required to provide coverage for all stages of breast reconstruction."  MORE >>

Thomson Reuters / EBIA

[Guidance Overview]

What to Know About Proposed OTC Contraception Regs (PDF)

"[In] response to the RFI, several commenters urged broader coverage of OTC contraceptives and argued that the current prescription requirement on birth control is based only on agency guidance and not on the Public Health Services Act or its implementing regulations.... [The] agencies gave health plans and insurance issuers the green light to impose so-called medical management techniques to contain costs and potentially minimize abuses of a new expansion in insurance coverage for OTC products."  MORE >>

Groom Law Group, via Law360

[Guidance Overview]

Do We Have to File a Gag Clause Prohibition Compliance Attestation Every Year? (PDF)

"The GCPCA attests to a health plan's (or insurer's) compliance with the prohibition against 'gag clauses' in any agreements with providers, provider networks, or entities offering provider network access.... An attestation must be made by December 31 each calendar year."  MORE >>

Thomson Reuters / EBIA

[Guidance Overview]

2025 Health FSA, Other Health and Fringe Benefit Limits Now Set

"[A] table shows the 2025 adjusted amounts for health FSAs, QSEHRAs and qualified LTC policies, along with the limits for 2024 and 2023. The health FSA carryover limits shown reflect the maximum unused funds that can carry over to the next plan year."  MORE >>

Mercer

[Guidance Overview]

DOL Cyber Guidance Applies to ERISA Health and Welfare Plans

"Plan fiduciaries should continue to focus on their health plan’s cyber hygiene, but also review the cybersecurity measures of other welfare plans, such as accident, disability, life and on-site clinics that aren’t subject to HIPAA but may face similar cyber risk....  Consider asking all existing ERISA health and welfare plan service providers for details on their cybersecurity practices, past breaches and insurance policies."  MORE >>

Mercer

[Guidance Overview]

Seattle Hotel Ordinance: Healthcare Expenditure Rates for 2025 Released (PDF)

"Seattle has announced the 2025 calendar-year health care expenditure rates that certain hotel industry employers must make on behalf of each covered employee for medical care.... [C]overed employers under the Ordinance include those that own, control, or operate either a Seattle hotel or motel with 100 or more guest rooms or an 'ancillary hotel business' of 50 or more employees worldwide."  MORE >>

Gallagher

Despite Rising Medical Inflation, Employers Continue to Protect Workers and Enhance Health Benefits

"Two-thirds of large employers say that lowering the cost of coverage is a priority ... Employers are also finding ways to remove financial barriers for workers by offering plans with no/low deductibles or telehealth services.... Even though specialty medications contributed to overall health care cost increases this year, ... employers are more likely to add coverage for these medications than drop it.... 62% of employers will offer one or more of the listed reproductive health benefits next year, up from 46% in 2024."  MORE >>

U.S. Chamber of Commerce

Audit of OPM's Implementation of the Postal Service Health Benefits Program: Customer Support Experience (PDF)

18 pages. "[The OIG] determined that OPM does not have comprehensive documented plans, policies, and procedures for the operation of what OPM describes as its customer support experience for PSHBP customers during the PSHBP Open Season 2024 and thereafter.... [T]he lack of a substantial overall plan may result in inadequate customer support for Postal Service members."  MORE >>

Office of Inspector General, U.S. Office of Personnel Management [OPM]

New York City May Soon Require Paid Sick Leave for Employees to Care for Pets

"A bill introduced ... in the NY City Council would require employers to provide employees paid sick leave for pet care. ... [The measure would] amend the Earned Safe and Sick Time Act to include the care of a companion or service animal that needs medical diagnosis, care, or treatment of a physical illness, injury or health condition or that needs preventive medical care."  MORE >>

Pierson Ferdinand LLP

Benefits in General

CRS Legal Sidebar: Corner Post and the Statute of Limitations for Administrative Procedure Act Claims

"This Sidebar begins by providing a brief legal background of the relevant statutes and case law prior to Corner Post. It then discusses the procedural history of Corner Post and summarizes the opinion and separate statements in that case. The Sidebar concludes with several considerations for Congress." [Corner Post v. Bd. of Gov. of the Federal Reserve System, No. 22-1008 (S. Ct. Jul. 1, 2024)] [LAB11197; Oct. 24, 2024]  MORE >>

Congressional Research Service [CRS]

Press Releases

Agilis Unveils PensionBuilderâ„¢: A Comprehensive Solution for Lifetime Retirement Income

Agilis

Pension Planning Consultants Joins U.S. Retirement & Benefits Partners

U.S. Retirement & Benefits Partners [USRBP]

Last Issue's Most Popular Items

Deadlines Approaching for New ACA Section 1557 Nondiscrimination Requirements: Action Items for Covered Group Health Plans

Proskauer

Tobacco Surcharges Done Right Reduce Litigation Risk

Mercer

IRS Announces 2025 COLAs for Health and Welfare Plans

Thomson Reuters Practical Law

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

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