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Health & Welfare Plans Newsletter

February 24, 2025

💼  2 New Job Opportunities

 

[Guidance Overview]

Employer Do's and Don'ts for Applying Accrued PTO to FMLA Leave

" In order to require PTO substitution for FMLA absences, ... the employer's FMLA policy must spell out that requirement. If the policy is silent on the issue, employees may choose whether or not to apply their accrued PTO to any FMLA absences.... In a January 14 Opinion Letter, the [DOL's] Wage and Hour Division addressed what should happen if an employee on FMLA leave is receiving some form of paid family or medical leave under state-based law."  MORE >>

McAfee & Taft

[Guidance Overview]

Roundup of Selected State Health Developments, Fourth-Quarter 2024

"The final quarter of 2024 saw a slowdown in legislative and regulatory activity.... Alaska, Missouri and Nebraska ballot initiatives ushered in paid sick and safe leave mandates scheduled to take effect in 2025. Colorado and Maine issued paid family and medical leave (PFML) regulations. California and Washington, DC, amended their PFML laws.... New York finalized pharmacy benefit manager rules applicable to fully insured and self-funded ERISA plans. New Jersey and Washington, DC, passed telehealth laws. Indiana exempted self-funded ERISA plans from its claims reporting law."  MORE >>

Mercer

[Guidance Overview]

Arkansas PBM Rule: New Pharmacy Reimbursement Reporting Requirements

"A new Arkansas Insurance Department (AID) rule ... will require health benefit plans subject to the Arkansas Pharmacy Benefit Manager Licensure Act to file with the Commissioner a written report describing certain pharmacy compensation data.... Together the rule and [a recent AID bulletin] seek to gather information to ensure that pharmacy/pharmacist reimbursements for services are fair and reasonable, and to ensure adequate pharmacy networks for health plans."  MORE >>

HUB International

[Guidance Overview]

Michigan Earned Sick Time Act Now in Effect, Including Last-Minute Amendments

"Highlights of HB 4002's amendments to ESTA include: [1] a defined cap on year-end carryover of earned, unused sick time; [2] the ability for employers to frontload a sufficient amount of earned sick time and correspondingly avoid year-end carryover/payout and accrual tracking obligations; [3] establishes procedures for prorating earned sick time for part-time employees; [4] permits a longer new hire usage waiting period; and [5] establishes an individual employee notice requirement for both current employees and new hires."  MORE >>

Seyfarth Shaw LLP

[Guidance Overview]

Last-Minute Changes to Michigan's Earned Sick Time Act

"On February 21, 2025, Michigan Governor Whitmer signed an amendment to the Earned Sick Time Act, providing several employer-friendly changes. Employers with ten or fewer employees now have until October 1, 2025, to comply. Highlights of the amendment include clarifications regarding covered employer qualifications, benefit accruals, employee eligibility, and benefit amounts."  MORE >>

Ogletree Deakins

DOL OIG Report: EBSA Faced Challenges Enforcing Compliance with Mental Health Parity Laws and Requirements (PDF)

41 pages. "[The] audit identified challenges that limited EBSA's efforts to enforce compliance with mental health parity NQTL laws and requirements.... EBSA lacked critical tools to enforce compliance and deter parity violations, such as the ability to assess civil monetary penalties or bring actions against all responsible parties. EBSA did not use many of the enforcement tools within its authority to ensure health plans' compliance. It also took up to 3 years to complete NQTL comparative analysis reviews."  MORE >>

Office of Inspector General [OIG], U.S. Department of Labor [DOL]

DOL and CMS Release 2023 MHPAEA Enforcement Report

"Between the two Departments, 56 plans were reviewed for MHPAEA compliance with 33 total violations found. All the non-compliant plans were either self-funded or involved plans that offered fully-insured and self-funded options under the same plan. The breakdown was a nearly evenly split between violations of financial limits/quantitative treatment limitations (e.g., copays, coinsurance, deductibles, etc.) and nonquantitative treatment limitations (e.g., prior authorization, benefit exclusions)."  MORE >>

HUB International

The Shifting Sands of Pharmacy Benefits

"Cell and gene therapies represent a monumental leap forward in medicine, offering the potential to cure previously untreatable diseases. But these life-changing treatments come with eye-watering price tags ... While GLP-1s can offer significant health benefits, their widespread use has led to a surge in pharmacy spending.... Employers are increasingly dissatisfied with their PBMs, citing concerns about rising costs and a lack of transparency."  MORE >>

EPIC

GLP-1s for Weight Management: Considerations for HR Leaders

"[O]ne vexing challenge to employers realizing that positive return will be employees themselves, as patient adherence will play a significant role in long-term ROI for employers that decide to cover GLP-1s."  MORE >>

Human Resource Executive

Employee Benefits Jobs

💼

Payroll Manager

July Business Services

Remote / Waco TX

View job as Payroll Manager for July Business Services

💼

DB Consultant

FuturePlan, by Ascensus

Remote

View job as DB Consultant for FuturePlan, by Ascensus

Press Releases

Attorney Joni Andrioff Joins The Wagner Law Group’s Washington D.C. Office

The Wagner Law Group P.C.

Webcasts and Conferences
(Health & Welfare Plans)

Introduction to the ACA

RECORDED

NFP Corp.

Adapting to Change: Key Lessons and Strategies for the Future of Employee Benefits

RECORDED

EPIC

2025 Employee Benefits Market Trends, Part 1 of 3

February 24, 2025 PODCAST

Brown & Brown

What Employers Need to Know about MIchigan's Amended Earned Sick Time Act

February 25, 2025 WEBINAR

Foster Swift

Key Updates to ESTA and IWOWA: Practical Takeaways for Employers

February 26, 2025 WEBINAR

Warner Norcross & Judd LLP

AI and Employee Benefits Communication: What's Working Now and What's Ahead

March 20, 2025 WEBINAR

Segal

Last Issue's Most Popular Items

Text of IRS Notice 2025-15: Guidance Related to Health Coverage Reporting Required by Sections 6055 and 6056 (PDF)

Internal Revenue Service [IRS]

Understanding the Recent Wave of Litigation Targeting Tobacco-Free Wellness Programs (PDF)

Holland & Knight, via Employee Benefit Plan Review

Employer Group Sues to Block Mental Health Parity Rules

Ogletree Deakins

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

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