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Health & Welfare Plans Newsletter

February 7, 2025

4 New Job Opportunities 4 New Job Opportunities

 

[Guidance Overview]

HHS Publishes NPRM to Amend HIPAA Security Rule Requirements; Comments Due March 7

"[T]he proposed modifications signal HHS's commitment to aligning the Security Rule requirements with current cybersecurity standards and addressing areas of non-compliance with more prescriptive measures to enhance ePHI security in the face of evolving cyber threats and technological advancements.... If the proposed Security Rule amendments proceed unchanged, regulated entities and health plan sponsors could incur significant combined costs, which HHS estimates at approximately $9.3 billion in the first year of implementation."  MORE >>

Squire Patton Boggs

[Guidance Overview]

Paid Prenatal Leave Now in Effect in New York

"Paid Prenatal Leave is a benefit separate and apart from other leave laws and policies, and thus must be provided to employees in addition to their regular accrued sick leave under the New York State Paid Sick Leave Law and the New York City Earned Safe and Sick Time Act."  MORE >>

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Tenth Circuit Affirms Award of Severance Benefits Where Job Duties Were Materially and Adversely Diminished Following Change of Control

"The court's decision hinged on the interpretation of the severance plan's 'Good Reason' clause, which allowed for benefits if an employee's duties were 'materially and adversely diminished' after a change of control. The court applied de novo review, focusing on the factual differences in Hoff's responsibilities before and after the acquisition." [Hoff v. Amended and Restated Anadarko Petroleum Corp. Change of Control Severance Plan, No. 23-1361(10th Cir. Feb. 4, 2025)]  MORE >>

Roberts Disability Law

Ninth Circuit Affirms Denial of Coverage for Residential Treatment, Finding Plan Administrator's Reliance on Interqual Criteria to Be Reasonable

"Premera adopted the InterQual criteria to assess medical necessity, which are comprehensive guidelines developed by independent clinicians and medical experts. The court found Premera's interpretation and application of these criteria reasonable, thereby not constituting an abuse of discretion.... [T]he court noted that ERISA does not mandate special weight to be given to a claimant's treating physicians' opinions, especially when they are not based on direct evaluations contemporaneous with the treatment decision. " [K.K.; I. B. v. Premera Blue Cross, No. 23-35480 (9th Cir. Feb. 6, 2025)]  MORE >>

Roberts Disability Law

District Court Declines to Award COBRA Statutory Penalties Absent Harm to Participant or Plan Administrator's Bad Faith (PDF)

"[T]he court agreed that the participant had not proven the union's bad faith or that he had been harmed by the alleged notice failures. The participant conceded that he had no reason to believe the union had withheld the notices on purpose and further stated that, even if he had received the notices, he would not have elected COBRA coverage due to the cost. The court emphasized that the cost of COBRA coverage would have far exceeded the cost of the participant's unpaid medical bills." [Savino v. Joint Indus. Bd. of the Elec. Indus., No. 22-0682 (E.D.N.Y. Jan. 13, 2025)]  MORE >>

Thomson Reuters / EBIA

Key Compliance Considerations Related to Organizational Furloughs, Layoffs, and Other Workforce Reductions (PDF)

24 pages. "[The authors] explore the technical, legal, and regulatory requirements underlying organizational workforce change management initiatives ... [and] evaluate the effects of organizational change management in the context of health and welfare plan administration ... [They] propose and evaluate certain holistic organizational change management strategies, defining and evaluating various practical alternatives and supplemental activities that can be undertaken to mitigate employee relations issues and diminish an organization's overall culture and functional workplace environment."  MORE >>

The Baldwin Regulatory Compliance Collaborative

Generative Artificial Intelligence Leveraged to Deliver Healthcare: Legal Risks and Issues (PDF)

"[E]xamples of the use of generative AI in health care are ... [1] collect and analyze medical scans, highlight abnormalities and recommend potential treating options for physicians.... [2] collect data from patient monitoring and develop personalized treatment plans.... [3] send reminders to patients about drug adherence, etc. ... [4] assist providers in completing medical records, allowing for more efficient and speedier care.... At the state level, to date, only California, Colorado and Utah have enacted AI statutes while pending legislation at both the federal and state level are actively being considered nationwide. "  MORE >>

Polsinelli

Benefits in General

Top Return-to-Office Strategies Employees Truly Value

"[P]eople who rated their RTO experience as 'extremely positive' pointed to clear policies and expectations from their employers. Flexibility also played a vital part, with 87% of employees saying flexible work schedules were important to help them excel at their current role.... 83% of employees who had an extremely positive RTO experience reported improved work quality."  MORE >>

HealthEquity

Employee Benefits Jobs

View job as Manager, Retirement Plan Onboarding and Legal for Cetera Retirement Plan Specialists

Manager, Retirement Plan Onboarding and Legal

Cetera Retirement Plan Specialists

Saint Cloud MN / CA / IA / TX / Hybrid

View job as Manager, Retirement Plan Onboarding and Legal for Cetera Retirement Plan Specialists
View job as Combo Plan Administrator for Karel-Gordon & Associates

Combo Plan Administrator

Karel-Gordon & Associates

Remote

View job as Combo Plan Administrator for Karel-Gordon & Associates
View job as Retirement Plan Consultant for The Finway Group

Retirement Plan Consultant

The Finway Group

Remote / West Des Moines IA

View job as Retirement Plan Consultant for The Finway Group
View job as Retirement Specialist for Alerus

Retirement Specialist

Alerus

Remote / AZ / CO / MI / MN / ND / WI

View job as Retirement Specialist for Alerus

Last Issue's Most Popular Items

The HSA Contribution Rules, Part 1

Newfront

Critical Compliance Issues for Employers in States with Paid Family or Medical Leave

Davis Wright Tremaine LLP

Can Our DCAP Reimburse Application Fees, Deposits, and Similar Expenses?

Thomson Reuters / EBIA

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

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