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Health & Welfare Plans Newsletter

January 9, 2025

6 New Job Opportunities 6 New Job Opportunities

 

[Official Guidance]

Text of 2024 Instructions for IRS Form 8889: Health Savings Accounts (HSAs) (PDF)

"What's New: [1] Preventive care for purposes of qualifying as a high deductible health plan under section 223.... [2] Expenses treated as amounts paid for medical care."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

HHS Proposed HIPAA Regs Would Significantly Expand the Existing Security Rule

"The proposed regulations would require numerous additional written policies and procedures, impose substantial ongoing maintenance efforts, and address compliance shortfalls identified by HHS in recent enforcement investigations. The proposed regulations also offer HHS's views on how the HIPAA rules apply to AI."  MORE >>

Thomson Reuters Practical Law

[Guidance Overview]

PEOs Need to Prepare for Increased Cybersecurity Requirements Proposed as Part of HIPAA Security Rule Revisions

"[As] stewards of worksite employee and client company data -- and as sponsors of group health plans -- PEOs will be greatly impacted by the revised requirements for data classification, security, contractual requirements, and operational workflows. PEOs face unique challenges and should therefore pay close attention to these potential regulatory changes[.]"  MORE >>

Fisher Phillips

[Guidance Overview]

New Changes to Health Plan Compliance in 2025

"Paperwork Burden Protection and Employer Reporting Improvement Acts ease administrative burdens for ACA reporting ... Telehealth safe harbor for high-deductible health plans ended December 31, 2024 ... Fiduciary certification under MHPAEA due January 1, 2025 (for calendar year plans) ...HIPAA policies and procedures and business associate updates to comply with final HIPAA rule.'

   MORE >>

Winston & Strawn LLP

[Guidance Overview]

New Paid Prenatal Leave Requirement in New York

"Prenatal leave can be used in increments of one hour at a time. Employers are not required to pay out any unused prenatal leave hours to an employee upon separation. The New York State Department of Labor recently issued FAQ guidance to help employers navigate the paid prenatal personal leave mandate. The guidance clarifies a number of key issues."  MORE >>

Schulte Roth & Zabel LLP

Excessive Fee Suits Imperil ERISA Fiduciaries for Health and Welfare Plans (PDF)

"The standards that ERISA fiduciaries owe to the plans they oversee have been called 'among the highest duties known to law… more exacting than the duties imposed upon common law trustees.' In recent years, ERISA fiduciaries of retirement plans have experienced heightened scrutiny from plan participants ... Now, ... plaintiffs have taken aim at the fiduciaries of ERISA health and welfare plans, too. These cases ... present a variety of risks and potential liabilities that employers must understand and monitor."  MORE >>

Davis & Gilbert LLP

How Employers Can Aid Wildfire Victims

"Many individuals are in desperate need of funds due to injuries, damage, and other unexpected expenses caused by the ongoing wildfires in Los Angeles. Employers can aid wildfire victims with tax-free payments, paid leave, and relief organizations. This LawFlash outlines [IRS] Section 139 guidance, leave donation programs, and tax-exempt options to assist employees with housing, medical costs, and other necessities during natural disasters."  MORE >>

Morgan Lewis

Factors That Shape the Decision to Cover GLP-1s

"As employers grapple with including GLP-1s in their benefits packages, they face a complex decision that boils down to two main factors: human resources and finance. On one side, there's the potential for improved employee health and productivity. On the other, employers face significant costs and implementation challenges. Navigating this terrain requires a delicate balance of fiscal responsibility and commitment to employee well-being."  MORE >>

ebn

Shift to State Employee Health Insurance Plan Would Lower Costs for Arizona Teachers

"[M]oving employees and dependents currently covered by district plans to the state system could save employees a total of $64 million to $69 million annually. Because of the way the state plan is structured, those employee savings would essentially translate to equal added costs for their school district employers[.]"  MORE >>

KJZZ Phoenix

Employee Benefits Jobs

View job as Retirement Plan Client Onboarding Specialist for TriStar Pension Consulting

Retirement Plan Client Onboarding Specialist

TriStar Pension Consulting

Remote

View job as Retirement Plan Client Onboarding Specialist for TriStar Pension Consulting
View job as Director of 3(16) Fiduciary Services for Definiti

Director of 3(16) Fiduciary Services

Definiti

Remote

View job as Director of 3(16) Fiduciary Services for Definiti
View job as Retirement/TPA Industry Expert for Stax.ai, Inc.

Retirement/TPA Industry Expert

Stax.ai, Inc.

Scottsdale AZ

View job as Retirement/TPA Industry Expert for Stax.ai, Inc.
View job as Actuary for Nova 401(k) Associates

Actuary

Nova 401(k) Associates

Remote

View job as Actuary for Nova 401(k) Associates
View job as Retirement Plan Analyst - Defined Contribution Plans for M2B Retirement Consulting, LLC

Retirement Plan Analyst - Defined Contribution Plans

M2B Retirement Consulting, LLC

Remote / PA

View job as Retirement Plan Analyst - Defined Contribution Plans for M2B Retirement Consulting, LLC
View job as Compliance Manager for FiduciaryXChange

Compliance Manager

FiduciaryXChange

Remote

Selected New Discussions

Unusual IRS Situation

"I am not necessarily looking for specific advice but I was wondering if anyone has had this or something similar occur. Employer was assessed a penalty of $40K under the ACA's shared responsibility provisions (the details don't matter). At no time did the employer send the IRS any amounts with respect to this assessment. Employer worked with counsel (me) to abate the penalty, which the IRS agreed to do. A few months later, the IRS sent Employer a check for $40K plus interest. Employer wrote back and said that the check was sent in error and requested IRS guidance on how to handle it. No response from the IRS. A few months later, the IRS sent another check in the same amount to the Employer. The employer responded similarly to what it did before. A few months later, the IRS sent yet another check in the same amount. Employer called the IRS and the representative told the Employer to send the checks back. Employer did so, along with a brief explanation. All was good until this past November, when the IRS sent a note saying that it was still working on the matter and would respond in 60 days. Last week the IRS sent another check, this time in the amount of $50K or so, reflecting additional interest."

BenefitsLink Message Boards

Press Releases

Jay A. Dorsch Appointed to the 2025 ERISA Advisory Council by U.S. DOL

Cozen O'Connor

Independent Retirement Announces Exciting Leadership Transition

Independent Retirement [Inde]

Kelsey Mayo Joins American Retirement Association as Regulatory Affairs Chief

American Retirement Association [ARA]

Webcasts and Conferences
(Health & Welfare Plans)

Weight Loss Drugs (GLP-1): Legal Issues to Consider About Health Plan Coverage of These Drugs

January 28, 2025 WEBINAR

Trucker Huss

2025 ICHRA Trends Impacting the Benefits Market

January 30, 2025 WEBINAR

ebn

Last Issue's Most Popular Items

ERISA for Employers: The Overarching Legal Framework for Employee Benefit Plans (PDF)

Newfront

Complying with Various State Individual Health Care Mandates

OneDigital

New Laws Modify ACA Employer Shared Responsibility Reporting

Segal

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

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