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Health & Welfare Plans Newsletter

January 17, 2025

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[Official Guidance]

2024 MHPAEA Report to Congress (PDF)

142 pages. "This report to Congress highlights the ongoing efforts of the Departments to strengthen and enforce the protections of MHPAEA ... [along with] the Departments' efforts to raise awareness of the protections of MHPAEA ... and to gather feedback from interested parties on improvements needed and areas of concern. Finally, this report details efforts by the Departments to ensure parity in access to MH/SUD benefits as compared to M/S benefits for participants, beneficiaries, and enrollees, including by issuing the August 2023 proposed rules ... and finalizing those rules with modifications[.]"  MORE >>

U.S. Department of Health and Human Services [HHS]; U.S. Department of Labor [DOL]; and U.S. Treasury Department

[Official Guidance]

Text of OPM FEHB Program Carrier Letter 2025-01: Federal Employees Health Benefits and Postal Service Health Benefits Programs Call Letter (PDF)

14 pages. "This is [OPM's] call for benefit and rate proposals for Federal Employees Health Benefits (FEHB) and Postal Service Health Benefits (PSHB) Program Carriers. This combined Call Letter outlines OPM's policy goals and initiatives for benefit proposals from Carriers in Plan Year 2026."  MORE >>

U.S. Office of Personnel Management [OPM]

[Official Guidance]

HHS Announces 15 Additional Drugs Selected for Medicare Drug Price Negotiations

"The selected drug list for the second cycle of negotiations is: Ozempic, Rybelsus, Wegovy; Trelegy; Ellipta; Xtandi; Pomalyst; Ibrance; Ofev; Linzess; Calquence; Austedo, Austedo XR; Breo Ellipta; Tradjenta; Xifaxan; Vraylar; Janumet, Janumet XR; Otezla."  MORE >>

U.S. Department of Health and Human Services [HHS]

[Official Guidance]

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

25 pages, Jan. 16, 2025. "What's New: [1] Preventive care for purposes of qualifying as a high deductible health plan (HDHP) under Section 223.... [2] Expenses treated as amounts paid for medical care.... [3] Health Flexible Spending Arrangement (FSA) contribution and carryover for 2024."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

New ACA Penalty and Reporting Relief

"[T]his Act does not change the distribution requirements for states with individual health insurance mandates ... However, the California rules provide that 'if you have already furnished the federal Form 1095-C to an individual for federal purposes, it is not necessary to provide an additional copy to that individual for California purposes.' ... [It] seems reasonable to take the stance that if an employer provides the Notice of Availability to its employees, it will have satisfied both the federal and California state furnishing requirements."  MORE >>

Trucker Huss

[Guidance Overview]

Updated HRSA Guidelines Expand Preventive Health Services That Must Be Covered Without Cost Sharing (PDF)

"The following preventive services, as updated by the new HRSA guidelines, must be covered without cost-sharing for plan years beginning on or after December 20, 2025: [1] Screening and counseling for intimate partner and domestic violence.... [2] Breast cancer screening for women of average risk.... [3] Patient navigation services for breast and cervical cancer screening."  MORE >>

Thomson Reuters / EBIA

[Guidance Overview]

Agencies Withdraw Proposed Regs That Would Have Required Coverage of OTC Contraceptives (PDF)

"The agencies have now withdrawn two sets of proposed regulations relating to the contraceptive coverage mandate, avoiding potential nullification of the regulations under the Congressional Review Act and preserving the agencies' ability to propose similar or identical rules in the future."  MORE >>

Thomson Reuters / EBIA

[Guidance Overview]

HIPAA Security Rule: Big Changes May Be Coming for Covered Entities & Business Associates

"The proposed rule would completely overhaul the [HIPAA] Security Rule for covered entities and business associates. The proposed regulations eliminate much of the flexibility offered by the current rules and would involve a multitude of new regulatory requirements for entities dealing with electronic protected health information (ePHI)."  MORE >>

Michael Best

[Guidance Overview]

HHS Proposes Security Rule Update: What Group Health Plans Need to Know

"The NPRM underscores the importance of group health plans being able to recover from security incidents and adapt security measures to new risks and technologies. Most significantly, the proposed rule would eliminate the distinction between 'addressable' and 'required' standards"  MORE >>

Morgan Lewis

[Guidance Overview]

Understanding State Leave Law Updates Effective in 2025

"Here are some states have implemented new or expanded leave laws as of January 1, 2025: Connecticut ... Delaware ... Maine ... New York ... [A]dditional changes are on the horizon, including Michigan's Earned Sick Time Act, effective February 21, 2025; Missouri's paid sick leave law, effective May 1, 2025; and Nebraska's paid sick leave law, effective October 1, 2025."  MORE >>

Bradley

[Guidance Overview]

New York City Publishes Updated FAQs for Earned Safe and Sick Time Act

"While the FAQs provide some clarification and guidance regarding the amended rules and processes and procedures in pursuing a private right of action, they also leave some questions unanswered. In addition, the FAQs provide guidance on topics that were not included in the amended rules, including outlining possible additional uses of safe and sick leave that were not explicitly contemplated."  MORE >>

Ogletree Deakins

[Guidance Overview]

CRS Report: No Surprises Act Independent Dispute Resolution (IDR) Process Data Analysis for 2023 (PDF)

26 pages. "In 2023, 679,156 federal IDR disputes were initiated. ... The total is more than three times the total number of disputes initiated in 2022. Of the disputes initiated in 2023, over 55% were initiated in Q4 alone.... In 2023, providers prevailed in a great majority of the payment determinations (approximately 80%), and a similar majority of selected offers (approximately 80%) were for an amount greater than the QPA." [R48359 Jan. 17, 2025]  MORE >>

Congressional Research Service [CRS]

FY 2023 MHPAEA Enforcement Fact Sheet

"EBSA investigated and closed 102 health plan investigations in FY 2023. Of those investigations, 25 involved fully insured plans, 51 involved self-insured plans, and 26 involved plans of both types ... Of the 102 closed investigations in FY 2023, 51 involved plans or service providers that were reviewed for compliance with MHPAEA. ... EBSA cited 31 MHPAEA violations in 17 investigations.... EBSA benefits advisors answered 196 MHPAEA-related public inquiries, including 183 complaints, in FY 2023. They have answered 1,725 MHPAEA-related inquiries since FY 2011."  MORE >>

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

ASPE Analysis of New Generic Markets Effect of Market Entry on Generic Drug Prices: Medicare Data 2007-2022 (PDF)

"In 2022, it was estimated that 91% of all prescriptions in the United States were filled as generic drugs.... Generic drug prices are consistently lower than brand-name prices across all market sizes and time periods ... The impact of competition on relative drug prices is stable over time: the price reductions are similar for generic drugs first entering the market in the most recent period 2016-2019 compared to both earlier periods, 2007-11 and 2012-15."  MORE >>

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

The Cost-Saving Power of Carrier Credits in Employee Health Plans

"Carrier credits are reimbursements provided by insurance carriers that are designed to offset employee benefits costs.... Carrier credits can come in different shapes and sizes, depending on your group size, plan selections, or renewal agreements. It's smart to check in on potential credits during a few key moments throughout your plan year. It's also important to communicate with your benefits broker on the best plan of action to ensure you're informed about any available credits."  MORE >>

Nava

Mind the Gap: Wellbeing Trends for 2025 (PDF)

18 pages. "The challenges of 2025 will require employers to be proactive, adaptable and innovative in their approach to employee benefits and healthcare spending, while at the same time remaining vigilant in their fiduciary obligations. The trends and strategies outlined in this report are designed to help guide employers through those processes so that they can effectively manage costs while providing valuable benefits that support and engage their workforce."  MORE >>

NFP

Employee Benefits Jobs

View job as Regional Vice President, Retirement Plan Sales for Trinity Pension Consultants

Regional Vice President, Retirement Plan Sales

Trinity Pension Consultants

Remote / GA / IL / IN / MO / NC / TN / VA

View job as Regional Vice President, Retirement Plan Sales for Trinity Pension Consultants

Press Releases

ERISA Pro Angel Garrett Joins Littler in San Francisco

Littler

Webcasts and Conferences
(Health & Welfare Plans)

Benefits Compliance Considerations for Remote Employees

RECORDED

NFP Corp.

Last Issue's Most Popular Items

Text of IRS Rev. Rul. 2025-4: Income and Employment Tax Treatment of Contributions and Benefits Under State Paid Family and Medical Leave Statutes (PDF)

Internal Revenue Service [IRS]

DOL Sheds Light on Administering FMLA Leave When an Absence Triggers Both FMLA and State Paid Leave Laws

FMLA Insights

IRS Issues Guidance for the District of Columbia and States That Have Paid Family and Medical Leave Programs

Internal Revenue Service [IRS]

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

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