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Health & Welfare Plans Newsletter

November 5, 2024

3 New Job Opportunities 3 New Job Opportunities

 

[Guidance Overview]

New IRS Guidance on Preventive Care: What Employers Need to Know

"Notices 2024-71 and 2024-75 ... mark significant changes in how preventive care is defined and covered under High Deductible Health Plans (HDHPs) and other health benefit accounts under Section 223 of the Internal Revenue Code.... For employers and HR managers, these updates necessitate a review and potential adjustment of current benefits offerings."  MORE >>

HealthEquity

[Guidance Overview]

New Prescription Drug Requirements for Kentucky

"Although most provisions apply only to internal PBM operations and their interactions with pharmacies, there is impact on employer-sponsored prescription drug benefits, including: [1] A minimum pharmacy reimbursement mandate ... [2] A plan cannot require or incentivize a participant to use mail order delivery of prescription drugs.... [3] Pharmacy networks must include an adequate number of non-mail order pharmacies within 30 miles from each participant's residence ... [4] PBMs and insurers are required to submit annual reporting[.]"  MORE >>

Sequoia

[Guidance Overview]

Massachusetts' Earned Sick Time Law Now Covers Pregnancy Loss

"The amendment includes a new subsection that, beginning on Nov. 21, 2024, requires employers to allow employees to use accrued time to: address the employee's own physical and mental health needs, and those of their spouse, if the employee or the employee's spouse experiences pregnancy loss or a failed assisted reproduction, adoption or surrogacy."  MORE >>

Jackson Lewis P.C.

Get Ready for Health Insurance Premiums to Be 'Highest in Decades'

"Health-care premiums in workplace benefits plans are expected to rise 7% to 8%, on average, for 2025. Many workers will pay more next year for health insurance and other benefits given inflation, wider adoption of GLP-1 drugs and an increase in catastrophic medical claims. The rate increases make it important for employees to closely review insurance plans during open enrollment and consider high deductible options as one way to potentially lower costs."  MORE >>

CNBC

Five Years After Biosimilar Market Entry, First Signs of Savings in the Employer-Sponsored Insurance Population

"[H]igher use of biosimilars since 2018 in the ESI population is associated with lowered total spending in the same period. Among the six product classes ... studied, total spending on the administered drugs decreased by 28% from 2018 to 2022. The reduction in spending corresponds to more than $3B in savings in 2022.... [T]he decrease in spending appears to be driven primarily by substitution of lower-priced biosimilars for higher-priced biologics."  MORE >>

Health Care Cost Institute

More Than 90% of Employees Opt for the Same Health Plan as Last Year

"Although this research shows that inertia plays a role for employees in making benefits changes, it also found that nearly half of eligible employed Americans spend less than 20 minutes reviewing information related to their workplace benefits during open enrollment period. The good news is that nearly 80% of employees 'strongly agree' or 'agree' they will spend more time reviewing their employee benefits options and coverage this year than they did during the last enrollment period."  MORE >>

BenefitsPro; free registration required

'Brute Force' Ransomware Attack Leads to $500,000 HHS/HIPAA Settlement

"The settlement involved a South Dakota-based provider of plastic surgery services (and HIPAA covered entity (CE)). The provider must pay $500,000 to HHS and comply with a two-year corrective action plan (CAP) that HHS will monitor. On the same day, HHS also announced a $90,000 HIPAA settlement with an Oklahoma-based emergency services provider (and HIPAA CE). Both settlements stemmed from ransomware attacks that encrypted the protected health information (PHI) of thousands of individuals."  MORE >>

Thomson Reuters Practical Law

Benefits in General

[Official Guidance]

Text of EBSA Meeting Notice for ERISA Advisory Council

"[T]he 225th open meeting of the Advisory Council on Employee Welfare and Pension Benefit Plans (also known as the ERISA Advisory Council) will be held on December 12-13, 2024.... at the U.S. [DOL].... [in] Washington, DC ... The meeting will also be accessible via videoconference ... The purpose of the open meeting is for Advisory Council members to finalize their observations and recommendations on the issues they studied in 2024, present their observations and recommendations to the [DOL], and receive an update from leadership of the Employee Benefits Security Administration (EBSA)."  MORE >>

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

[Guidance Overview]

Does IRS Disaster Relief Extend to Plan Sponsors with Affected Service Providers?

"In Rev. Proc. 2018-58, the IRS stated that '[t]axpayers who are unable on a timely basis to obtain information necessary for completing the forms from a bank, insurance company, or any other service provider because such service provider's operations are located in a covered disaster area will be treated as 'affected taxpayers.' ' "  MORE >>

PLANSPONSOR; free registration may be required

Employee Benefits Jobs

View job as DC Plan Administrator for United Benefit Pensions Inc.

DC Plan Administrator

United Benefit Pensions Inc.

Remote / Melville NY

View job as DC Plan Administrator for United Benefit Pensions Inc.
View job as Retirement Plan Administrator for Retirement Solutions Specialists

Retirement Plan Administrator

Retirement Solutions Specialists

Remote / Jacksonville FL / Hybrid

View job as Retirement Plan Administrator for Retirement Solutions Specialists
View job as Retirement Plan Administrator for Florida Retirement Consultants

Retirement Plan Administrator

Florida Retirement Consultants

Remote / FL

View job as Retirement Plan Administrator for Florida Retirement Consultants

Selected New Discussions

Very Rich Executive Reimbursement Program

"I have a non-profit client that provides a very rich taxable reimbursement program for its C-Suite. They've been doing this for over 30 years. They provide annual amounts for which the execs can submit claims for reimbursement that vary based on title (CEOs get $80k whereas a VP may receive $20K). The reimbursement amounts are not limited to medical claims. For example, execs can get reimbursed for payments to his mother's nursing home payments, CPA fees and legal fees. There is no written plan, and only about half of the execs actually utilize the full benefits each year. There are some who have never submitted any reimbursements. Because of the medical reimbursement, I'm certain there are GHP and ERISA implications as well as nondiscrimination issues under Code section 105(h). I've suggested to the client that it's better to provide the amount as a discretionary cash bonus because of the medical reimbursement component and because the amounts are already taxable. I'm receiving push back because the client has been advised that since the benefits are taxable, then the above ERISA, GHP, and 105(h) implications do not apply. They also do not want to actually commit to a specified bonus amount for those who have not utilized the funds. Is there anything else they can consider that wouldn't raise ERISA and other GHP issues? Am I making a mountain out of a mole hill? Would there be nondiscrimination issues since the benefits are taxable?"

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Last Issue's Most Popular Items

Health and Leave Benefits Compliance Outlook for 2025 (PDF)

Mercer

FAQs Provide Guidance on Preventive Care and Women's Health and Cancer Rights Act (PDF)

Gallagher

Roundup of Selected State Health Developments, Third-Quarter 2024 (PDF)

Mercer

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

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