"[C]onsistent with the relief provided in EBSA Disaster Relief Notice 2024-01, CMS will exercise enforcement discretion for non-federal governmental plans and health insurance issuers offering group or individual health insurance coverage subject to the PHS Act in a county, tribal area, or other geographic area identified for individual assistance by [FEMA] because of the devastation caused by the Covered Disasters. This exercise of enforcement discretion applies to the timing of furnishing of notices, disclosures, and other documents required by provisions of Title XXVII of the PHS Act ... where CMS, on behalf of HHS, is responsible for enforcement.... CMS encourages states with primary enforcement authority to adopt a similar approach with respect to health insurance issuers offering coverage impacted by the Covered Disasters."  MORE >>

"Overlaying this year's 'To Do' List is the Supreme Court's landmark decision in Loper Bright ... [T]he reversal of Chevron fundamentally alters the landscape of administrative law and is sure to affect the world of employee benefits.... [In] 2024 and 2025 we expect employers will focus their compliance efforts on: [1] updating fiduciary practices for health and welfare plans; [2] implementing cybersecurity best practices; [3] complying with and implementing the recently updated [MHPAEA] requirements; and [4] ensuring [HIPAA] compliance with the new reproductive health care rules."  MORE >>

"The amendments now [1] state that employees may accrue one hour of paid leave for every 40 hours worked, and they continue to accrue additional hours even when they are not working but using previously accrued paid leave hours ... [2] mandate that any employer notice requirements for the foreseeable use of paid leave be communicated to the employee in writing ... [3] clarify when and how an employer may deny a request for paid leave but required that any limited circumstance under which an employer may deny paid leave be included in the employer's written policies."  MORE >>

"While PFL's changes for 2025 ... are ministerial, it should be noted that New York recently expanded other mandatory benefits, including the provision of paid lactation breaks and the addition of paid leave for prenatal care under the New York paid sick leave program.... Effective January 1, 2025, the SAWW will increase to $1,759.19. Accordingly, the weekly benefits rate for PFL taken in 2025 will be capped at $1,177.32, which is an increase of $26.16 over the current benefits cap."  MORE >>

"Across all lines of business, value-based arrangements grew ... from 41.3% in 2022 to 45.2% in 2023. Shared risk arrangements also saw an increase, growing ... from 24.5% in 2022 to 28.5% in 2023.... Participation in commercial VBC arrangements grew from 34.6% in 2022 to 39.2% in 2023 ... Adoption of downside risk arrangements in the commercial market also saw an increase of 5.1%."  MORE >>

14 pages. "ERISA preemption reduces administrative costs and burdens ... [and] fosters innovation that would otherwise be stifled by different states requiring different coverages or administrative rules ... Employers remain committed to providing health benefits to employees and their families. If ERISA preemption were eroded, however, benefits executives would worry about higher costs for providing health benefits and would likely closely watch their competitors to determine next steps."  MORE >>

"Many states have sought to make insurers clean up their health plans' provider directories over the past decade. But the errors are still widespread.... Most state insurance agencies haven't issued a fine for provider directory errors since 2019. When companies have been penalized, the fines have been small and sporadic.... Experts said that stricter regulations and stronger fines are needed to protect insurance customers from these errors, which are at the heart of so-called ghost networks."  MORE >>

"The Health Marketplace for All Act of 2024 [S 5298] would allow any membership organization -- which includes wholesale clubs (such as Costco), credit unions, and churches, among others -- to offer an ERISA health plan to its members 'across state lines -- regardless of an employment relationship.'... The Health Savings Account for All Act [S 5297] would give millions of Americans access to a health savings account (HSA) regardless of income or insurance coverage so that patients can take advantage of the tax-free growth and withdrawals when spending on qualifying healthcare services."  MORE >>

"Members of the New York City Council are aiming to combat the ongoing mental health crisis, and reduce stress for pet owners in the city, by introducing a bill that would expand the city's paid sick leave law to include time off for employees who need to care for their sick pets. If passed, the legislation would mandate that certain employers provide up to three days of paid leave per year for the care of a pet."  MORE >>

"[1] Tax cuts could affect benefits credits ... [2] End to fiduciary rule ... [3] ESG rule repeal ... [4] Preventive care policy shifts ... [5] Rollback of trans healthcare protections."  MORE >>