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Health & Welfare Plans Newsletter

December 17, 2024

2 New Job Opportunities 2 New Job Opportunities

 

[Guidance Overview]

Missouri Employers Face New Mandatory Paid Sick Leave

"Missouri voters approved Proposition A ... mandating paid sick leave for most employees beginning on May 1, 2025 ... Employers with Missouri-based employees should take steps now to comply with these changes, but also closely monitor the status of laws due to pending legal challenges and the potential for changes by the Missouri legislature."  MORE >>

Dentons

[Guidance Overview]

Minnesota Paid Leave Law: Final Proposed Rules and Updated FAQs Published

"[T]he Proposed Rules explain how the Paid Leave Division will determine whether an employee is considered a 'seasonal employee' and therefore not covered by the Paid Leave program.... The Proposed Rules also outline how to calculate benefits for a covered individual taking intermittent leave."  MORE >>

Jackson Lewis P.C.

Eleventh Circuit: Employer Could Not Compel Arbitration of COBRA Notice Claims Under Employment Agreement

"In litigation involving the adequacy of an employer's COBRA notices, the US Court of Appeals for the Eleventh Circuit has held that the spouse of a covered employee under the employer's health plan was not required to arbitrate his COBRA claims. The court reasoned that the spouse was not a party to an employment agreement containing the disputed arbitration provisions." [Lubin v. Starbucks Corp., No. 21-11215 (11th Cir. Dec. 16, 2024)]  MORE >>

Thomson Reuters Practical Law

Did This Employer Fall for the FMLA (In Loco) Parent(Is) Trap?

"Employers must recognize that in loco parentis relationships can extend beyond traditional parent-child dynamics and may include adult siblings. This broader interpretation can impact FMLA leave eligibility and requires careful consideration of the employee's caregiving role and responsibilities." [Chapman v. Brentlinger Enterprises, No. 23-3582/3613 (6th Cir. Dec. 13, 2024)]  MORE >>

Pierson Ferdinand LLP

As Transparency Rules Enter Their Fifth Year, Advanced Uses Gain Traction

"Some of the most notable functions of price transparency are being implemented by employers. With the help of third-party data crunchers, employers are using price transparency insights to establish narrow or high-performance networks ... As another option, employers may implement stricter cost-sharing requirements for employees who visit hospitals with prices that are above a certain threshold relative to Medicare."  MORE >>

Healthcare Financial Management Association [HFMA]; free registration may be required

Pharmacy Closures: Independents at Greater Risk

"[Of] the 88,930 retail pharmacies operating during 2010-20, 29.4 percent had closed by 2021.... Independent pharmacies were at greater risk for closure than chain pharmacies across all neighborhood and market characteristics. Policy makers should consider strategies to increase the participation of independent pharmacies in Medicare and Medicaid preferred networks managed by pharmacy benefit managers and to increase public insurance reimbursement rates for pharmacies that are at the highest risk for closure."  MORE >>

Health Affairs; purchase required for full article

Comparing U.S. and International Market Size and Average Pricing for Prescription Drugs, 2017-2022 (PDF)

"The U.S. made up about 50 percent of worldwide sales revenues but only 13 percent of total volume for prescription drugs in 2022 ... Compared to other countries in the [OECD], the U.S. made up approximately 60 percent of sales revenues, but only 24 percent of the volume. Total sales revenues of prescription drugs in the U.S. grew from $582 billion in 2017 to $716 billion in 2022, a 23 percent increase -- compared to only a 2 percent increase in the rest of world[.]"  MORE >>

Assistant Secretary for Planning and Evaluation [ASPE], U.S. Department of Health and Human Services [HHS]

Menopause Benefits Continue to Be a Rare Offering

"NFP, a global benefits consultant and property and casualty insurance broker, recently reported that only five percent of U.S. employers offer menopause benefits to their employees. This figure increased only incrementally from last year when four percent of U.S. employers offered such benefits.... Many see the slight increase as surprising and frustrating for employees who overwhelmingly request these benefits."  MORE >>

Hall Benefits Law

Debriefing the Open Enrollment Process: A User Guide

"[1] Begin by reviewing the quantitative data from the open enrollment period.... [2] Gather feedback from employees.... [3] Analyze internal communication efforts.... [4] Take a deep dive into the procedural side of open enrollment.... [5] Document insights and identify areas for improvement."  MORE >>

Corporate Synergies

[Opinion]

Recommendations to DOGE on Reforming the Tax Treatment of Health Care

"[These] recommendations would achieve the Democratic goal of limiting the tax exclusion for employer-sponsored health insurance and the Republican goal of giving workers greater control over their health care dollars and decisions, all in a manner that is budget-neutral and more politically durable than past efforts.... [1] Replace all health-related tax preferences with a single income- and payroll-tax exclusion for deposits into worker-owned, tax-free [universal health accounts (UHAs)]. [2] Set UHA deposit limits for individuals and families at levels that achieve revenue neutrality. [3] Allow patients to use UHA funds to purchase any health insurance plan from any source, tax-free."  MORE >>

Cato Institute

[Opinion]

Oscar Health CEO Says Employer Health Care Should Be Abolished

"[Oscar Health CEO Mark Bertolini said,] 'Employers buy for the average of their employee population. They buy large networks because their employees use a lot of providers. As a result, the ability to negotiate a better rate with that provider group is a lot less because you've got everybody in. But when you get narrow networks, which is what's happening in the individual market, an individual can find their network.' "  MORE >>

MSN News

Benefits in General

[Official Guidance]

IRS Disaster Relief Notice WV-2024-06, for Victims of Post-Tropical Storm Helene in West Virginia

"[I]ndividuals and businesses in parts of West Virginia that were affected by Post-Tropical Cyclone Helene that began on Sept 25, 2024 ... now have until May 1, 2025, to file various federal individual and business tax returns and make tax payments.... [I]ndividuals and households that reside or have a business in Mercer County qualify for tax relief."  MORE >>

Internal Revenue Service [IRS]

Considerations When Evaluating a Benefits AI Vendor

"70% of benefits leaders say they're approached by AI vendors at least once a month.... [These questions] will help you create a shortlist of AI vendors and compare those offerings against each other.... [1] What are your business requirements? ... [2] What is the vendor's expertise level? ... [3] How does the vendor address relevant risk? ... [4] What is the sales process like? ... [5] Will you have the right support during implementation?"  MORE >>

HealthEquity

Closing Out 2024 and Preparing for 2025

"Employee handbooks and policies ... Review contribution limits ... Evaluate partner and vendor performance ... Plan and prioritize employee communication and education ... [As] of the first day of the plan year beginning on or after January 1, 2024, group health plans are required to expand their internet-based self-service tool to include all covered items, services, and drugs[.]" [Includes a chart of most common deadlines by date.]  MORE >>

AssuredPartners

More Than Numbers: EBSA Delivers Life-Changing Results

"[EBSA protects ] more than 153 million workers, retirees and their families who receive coverage from approximately 765,000 private retirement plans, 2.8 million health plans and 619,000 other welfare benefit plans. Together these plans hold estimated assets of $13.6 trillion.... Last year, with a budget of under $200 million, [EBSA] recovered $1.4 billion for plans, participants and beneficiaries — a return on investment that delivers results for America's workers."  MORE >>

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

Employee Benefits Jobs

View job as Retirement Plan Administrator for Bates & Company, Inc.

Retirement Plan Administrator

Bates & Company, Inc.

Remote / Winter Park FL

View job as Retirement Plan Administrator for Bates & Company, Inc.
View job as Retirement Plan Compliance Consultant for EPIC RPS

Retirement Plan Compliance Consultant

EPIC RPS

Remote / Norwich NY

View job as Retirement Plan Compliance Consultant for EPIC RPS

Selected New Discussions

Rectifying HSA Contributions While Spouse Contributed to FSA

"My spouse had a medical FSA that she contributed to for 2024. I had an HSA that I contributed to for 2024 and my employer contributed into as well. I just found out that because my spouse had an FSA, I was not eligible for HSA contributions, so I'm trying to rectify this.... I called my benefits department -- they said I could bring my HSA contributions down to zero, and to avoid them from contributing to my HSA for 2025, I could ask the HSA custodian to close the account or to just 'disassociate' it from my employer.... [My] contributions of approx $2400 for the year plus my employers contribution of $600 is $3000 for the year. But there's only about $2400 in the account since I used funds for medical costs earlier this year--so how can the custodian return the full amount of $3000 if its not in the account?"

BenefitsLink Message Boards

Press Releases

Jackson Walker Announces Addition of Steven Day to Employee Benefits & Executive Compensation Practice

Jackson Walker

TPSU Celebrates Over a Decade of Empowering Retirement Plan Sponsors with Industry-Leading Education Programs

The Plan Sponsor University [TPSU]

Future Capital Partners with AssuredPartners Investment Advisors to Enhance Retirement Plan Management

Future Capital

Farmers National Banc Corp. Acquires Crest Retirement Advisors LLC

Farmers National Banc Corp.

NFP, an Aon Company, Acquires Salus Group, Expanding Its Employee Benefits Offerings for the Middle Market

NFP Corp.

New 2024 NAPA Black Book Now Online!

National Association of Plan Advisors [NAPA]

Webcasts and Conferences
(Health & Welfare Plans)

Take It Or Leave It Episode 37: The PWFA Playbook: Initial Enforcement Activity and Employer Compliance Takeaways

RECORDED

Seyfarth Shaw LLP

Machine Readable Files and Price Transparency

February 19, 2025 WEBINAR

Conference of Consulting Actuaries

Last Issue's Most Popular Items

Congress Passes Two Laws Intended to Ease Employer ACA Reporting

OneDigital

Two-Year Telehealth Extension Surges Ahead in Year-End Parley

FierceHealthcare

What Happens to the HSA When a Its Owner Dies?

ThinkAdvisor

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

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