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Health & Welfare Plans Newsletter

December 13, 2024

3 New Job Opportunities 3 New Job Opportunities

 

[Official Guidance]

Text of CMS FAQs: Good Faith Estimates for Uninsured (or Self-Pay) Individuals, Part 5 (PDF)

"Q1: Are providers and facilities required to provide uninsured (or self-pay) GFEs to individuals who are members of health care sharing ministries and not enrolled in other health coverage? A1: In general, yes.... Q2: Are providers and facilities required to verify with an individual's plan or issuer whether the individual is enrolled in a group health plan, group or individual health insurance coverage, federal health care program, or FEHB plan? ... Q3: Does the requirement to provide GFEs to uninsured (or self-pay) individuals apply to dental and vision providers and facilities? A3: Yes. ... Q4: Are GFEs required when students who are not licensed providers furnish health care items or services under the supervision of a licensed provider or facility (such as a university clinic)? A4: Yes. ... Q5: Are uninsured (or self-pay) GFEs for items or services scheduled fewer than 3 business days before the date of service eligible for the patient-provider dispute resolution (PPDR) process? A5: No."  MORE >>

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

[Guidance Overview]

2024 Health Benefits Year: A Year to Remember

"The year was packed with developments for health and welfare benefits plans ... from new data privacy rules to disaster tax relief. [1] Final rule for [MHPAEA] compliance; [2] Final HIPAA regulations on handling reproductive health and substance use disorder records; [3] Health plan fiduciary guidance and litigation update; [4] Lingering uncertainty over the incoming Trump Administration's policy priorities."  MORE >>

Alston & Bird

[Guidance Overview]

Participation in Clinical Trial Is FMLA-Protected, DOL Says

"[T]he DOL rejected the idea that 'voluntary' treatments are not covered by the FMLA, because, in essence, all medical treatments are voluntary and because employers should not second-guess a health care provider's judgment that treatment is advisable by questioning whether it is 'necessary.' ... [T]he DOL does not consider the efficacy of medical treatments to be a relevant factor in the analysis."  MORE >>

Steptoe & Johnson

[Guidance Overview]

New York Paid Prenatal Leave Goes Into Effect in 2025

"An employer cannot require an employee to choose one leave type over another or require an employee to exhaust one type of leave before using paid prenatal leave.... All private-sector employees are entitled to paid prenatal leave, regardless of the size of the employer.  ... Paid prenatal leave does not accrue. All employees automatically have 20 hours of paid prenatal leave after January 1, 2025."  MORE >>

Davis Wright Tremaine LLP

[Guidance Overview]

Agencies Report Progress Toward Advanced Explanation of Benefits (AEOB) Rulemaking and Implementation (PDF)

Dec. 2024 update. "The Departments and OPM are aware of three options ... that have potential for providers to transmit GFE information to payers.... [In this memo,the Departments] discuss each option, highlight some of the standards development work that remains to be done, and indicate the information the Departments and OPM expect industry to make available."  MORE >>

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

The Clock Is Ticking: Have Your Employees Maximized Their FSA/HSA Funds?

"Encouraging employees to research pricing, compare options, and strategically use their benefits accounts not only reduces out-of-pocket costs but also fosters a sense of control over their healthcare journey. As the year-end deadline approaches, employers should take proactive steps to remind and support employees in maximizing their benefits."  MORE >>

Keenan & Associates

Congress Seeking Lame-Duck Healthcare Deal

"With just over a week before government funding runs out on December 20, Congress is racing to decide what healthcare measures might ride on a short-term funding plan including an extension of telehealth flexibilities and new Pharmacy Benefit Manager reforms. The likelihood is that any healthcare package will be small relative to the slew of bipartisan legislation that has advanced in this Congress."  MORE >>

Mercer

[Opinion]

UnitedHealth Group Boss Responds to Killing of CEO: 'Let's Fix' Our Health Care System

"The head of UnitedHealthcare's parent company responded to the killing of the insurance giant's CEO Brian Thompson in a New York Times guest essay ... mourning his death while also calling for work to improve the nation's 'patchwork' health insurance system. In the piece, Andrew Witty admitted the health care system is 'not perfect' and needs to be overhauled so that it works better for everyone, but it is filled with good people who shouldn't be demonized."  MORE >>

MSN News

[Opinion]

Missouri Business Groups File Legal Challenge to Overturn Paid Sick Leave Law

"The business coalition is challenging Proposition A on several counts: [1] The Missouri Constitution requires ballot initiatives to contain a single subject. Proposition A contains at least two clear, unrelated subjects ... [2] The Missouri Constitution requires the title of the ballot measure to clearly express its single subject. Proposition A's title is unclear and contains multiple subjects. [3] The ballot measure's summary statement and fiscal note summary ... are misleading and insufficient. [4] By exempting government entities and certain workers, Proposition A violates the Equal Protection Clause." [McCarty v. Missouri Secretary of State, No. SC100876 (Mo. complaint filed Dec. 6, 2024)]  MORE >>

Missouri Chamber of Commerce and Industry

Benefits in General

[Guidance Overview]

Exceptional Usefulness and Quality icon Reporting and Disclosure Guide for Benefit Plans 2025

"Sponsors of benefit plans that are subject to ERISA need to ensure they comply with all applicable reporting and disclosure requirements of these federal agencies: [DOL, CMS, IRS, and PBGC] ... The [50 page] guide is organized by plan type, regardless of agency: [1] All plans; [2] Health and welfare plans; [3] All retirement plans; [4] DB retirement plans; [5] DC retirement plans."  MORE >>

Segal; free registration required

Employee Benefits Jobs

View job as DC Plan Administrator for Heritage Pension Advisors, Inc.

DC Plan Administrator

Heritage Pension Advisors, Inc.

Remote / Commack NY

View job as DC Plan Administrator for Heritage Pension Advisors, Inc.
View job as 3(16) Administrator for SetAway, LLC

3(16) Administrator

SetAway, LLC

Remote / Bedford NH / CT / MA / ME / VT / Hybrid

View job as 3(16) Administrator for SetAway, LLC
View job as Defined Benefit Plan Administrator for Navia Benefits Solutions

Defined Benefit Plan Administrator

Navia Benefits Solutions

Fresno CA

View job as Defined Benefit Plan Administrator for Navia Benefits Solutions

Last Issue's Most Popular Items

Despite Challenges to Reproductive Healthcare Privacy Final Rule, Plan Sponsors Should Still Comply by December 23

Morgan Lewis

Draft of 2024 IRS Publication 969: Health Savings Accounts and Other Tax-Favored Health Plans (PDF)

Internal Revenue Service [IRS]

Another Health Plan Lawsuit Alleges Mismanagement by Third Party Administrator

Haynes and Boone, LLP

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

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