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Health & Welfare Plans Newsletter

February 27, 2025

💼  3 New Job Opportunities

 

[Guidance Overview]

White House Signals Increased Enforcement of Transparency in Coverage

"It appears that under the new executive order, the new administration plans to ramp up its enforcement activities to ensure that health plans remain in compliance.... Plans that have not started posting their machine-readable files, or who may not have all services posted on a public website should work with their TPA and counsel to ensure that they are in compliance."  MORE >>

Bricker Graydon

[Guidance Overview]

Administration Order Signals Expanded Price Transparency Requirements and Enforcement for Plans, Insurers, and Hospitals

"[T]his latest order -- which could result in additional regulations -- underscores the importance of health care price transparency as a policy objective for the new administration. For plans and insurers, the first Trump administration's November 2020 final regulations (which the administration now characterizes as 'paradigm-shifting') were a heavy lift complete with multi-year effective dates and far-reaching disclosure requirements."  MORE >>

Thomson Reuters Practical Law

[Guidance Overview]

OCR Proposes Modification to HIPAA Security Rule

"Overall, the goal of the proposed changes is to require Regulated Entities to implement stronger security controls and procedures to better protect ePHI from data breaches. Based on the number of discreet changes that are contained in the proposed rule, Regulated Entities may be required to make significant modifications to their existing security practices when the new rule goes into effect."  MORE >>

Benesch

[Guidance Overview]

IRS Provides Guidance on Alternative Manner of ACA Reporting

"While Notice 2025-15 provides clarity on the time and manner of the notice, it may be difficult to take advantage of the alternative method (for full-time employees) given that the legislation was issued in late 2024, and 2024 statements are due to full-time employees by March 3, 2025."  MORE >>

Thomson Reuters / EBIA

Ninth Circuit Affirms ERISA Plan Administrator's Decision, Validates Use of Industry Guidelines and Medical Evidence

"The Ninth Circuit's decision underscores the importance of using validated medical necessity guidelines and supports plan administrators' discretion in making benefits determinations under ERISA. The Ninth Circuit emphasized that ambiguity and procedural irregularity in denying a claim do not alone constitute an abuse of discretion unless it affects a claimant's ability to submit responsive evidence, reinforcing the principle that decisions must be based on reasonable application of plan criteria." [K.K.; I. B. v. Premera Blue Cross, No. 23-35480 (9th Cir. Feb. 6, 2025)]  MORE >>

Ogletree Deakins

Survey of Privately Insured Adults Finds Confusion Regarding Basic Aspects of Health Plan Design

"Only about one in four enrollees knew that the amount is not the same for all groups of prescriptions. There also was confusion about out-of-pocket maximums.... Satisfaction with the choice of doctors and the quality of health care received were also high, with seven in 10 being extremely or very satisfied.... Sixty-two percent of enrollees have used smart health technology, such as an application for the phone, wearable device or other technology that includes the ability to sense or track activity for the purposes of managing health, either currently or in the past."  MORE >>

Employee Benefit Research Institute [EBRI]

Prescription Drug Data Collection (RxDC) Submission Guidelines for 2024

"The Prescription Drug Data Collection (RxDC) for the 2024 reference year must be filed by June 1, 2025, and carriers, TPAs, and PBMs have begun to reach out to employers for the information necessary to complete the filing. Some of those communications are easy to miss." [Chart shows procedures and deadlines for several health insurance carriers.]  MORE >>

Keenan & Associates

House Health Subcommittee Hearing: An Examination of How Reining in PBMs Will Drive Competition and Lower Costs for Patients

Video of hearing held Wednesday Feb. 26, 2025. Testimony of witnesses: [1] Mr. Hugh Chancy, RPh, Pharmacist and Owner, Chancy Drugs; [2] Mr. Shawn Gremminger, MPH, National Alliance of Healthcare Purchaser Coalitions; [3] Mr. Anthony Wright, Families USA; and [4] Dr. Matthew Fiedler, PhD, Center on Health Policy, Brookings Institution.  MORE >>

Health Subcommittee, Energy & Commerce Committee, U.S. House of Representatives

Top Issues Facing Health Plans in 2025: Implications for Provider-Owned, Provider-Sponsored Health Plans

"For Provider-Owned, Provider-Sponsored Health Plans (PSHPs), the ability to integrate care delivery and insurance operations provides unique opportunities to manage costs and improve outcomes. However, these plans also face challenges related to financial sustainability, regulatory compliance and the growing costs associated with social determinants of health."  MORE >>

Alvarez & Marsal

Once Again, UnitedHealth Is Under Investigation by the DOJ

"UnitedHealthcare is in the hot seat once again, this time for fraudulent Medicare Advantage billing practices, placing the health insurance giant under a civil fraud investigation by the Department of Justice. Specifically, the Department of Justice (DOJ) is evaluating the company's protocols for recording diagnoses that can result in extra payments for the company's Medicare Advantage plans[.]"  MORE >>

HealthLeaders Media

[Opinion]

Provider Prices in the Commercial Sector: Negotiate With Megaproviders And Lower Health Care Prices

"The primary driver of growing commercial health care spending in the US is rising prices, driven in part by consolidation and the formation of 'megaproviders.' New data from Oregon suggest that price limits referenced to traditional Medicare rates can be an effective solution with a light administrative burden.... [A] similar scheme could be implemented more broadly ... [L]awmakers may consider separate caps for inpatient facility fees, outpatient facility fees, professional fees, and pharmaceutical-derived revenue, set below each service line's mean price. [The authors] also consider the enforcement mechanism, sufficiency of payments, and potential for a reduction in price variation."  MORE >>

Health Affairs Forefront

[Opinion]

My $30,000 Health Insurance Claim Was Denied, Then I Tweeted About It

"Social media outreach is not the conventional avenue through which to challenge health insurance-related delays and denials, but it can be effective.... Nearly one in five medical claims processed by [ACA] marketplace plans is denied in a given year.... This onerous and unpredictable process highlighted how administrative headaches can drive health inequities, keeping coverage out of reach for some."  MORE >>

The Guardian

Benefits in General

[Guidance Overview]

The 'Deregulatory Initiative' Executive Order: Impact on Employee Benefit Plans

"Deregulation is not always helpful for benefit plans.... Determining which regulations are helpful and which are not won't always be easy.... [1] Environmental, Social or Governance investing ... [2] Cryptocurrency ... [3] ESOPs ... [4] Fiduciary investment advice ... [5] Mental health substance use disorder parity."  MORE >>

The Modern Workplace, by Lathrop GPM

Senate HELP Committee Votes to Approve Nomination of Lori Chavez-DeRemer for Secretary of Labor

"Today, the Senate Health, Education, Labor, and Pensions (HELP) Committee voted to favorably report the nomination of Lori Chavez-DeRemer to be Secretary of the U.S. Department of Labor by a vote of 14 to 9. Her nomination will now move to the Senate floor for a final vote at a later date."  MORE >>

Committee on Health, Education, Labor and Pensions, U.S. Senate

[Opinion]

ERIC and Employer Coalition Urge Court to Safeguard Integrity of ERISA

"ERISA permits the use of actuarial assumptions to calculate the benefits due to participants and beneficiaries of defined benefit pension plans. Despite this longstanding principle of ERISA, the Appellants in Watt urged the court to rewrite ERISA and impose their own evolving standards to calculate these benefits." [Watt v. FedEx, No. 23-2593 (W.D. Tenn. Sep. 18, 2024; on appeal to 6th Cir. No. 24-5945; amicus brief Feb. 26, 2025)]  MORE >>

The ERISA Industry Committee [ERIC]

Employee Benefits Jobs

💼

Director, DB Administration

Pentegra

Remote / Putnam Valley NY

View job as Director, DB Administration for Pentegra

💼

Retirement Plan Administrator

Nicholas Pension Consultants

Remote / Rancho Cordova CA / Corona CA / Hybrid

View job as Retirement Plan Administrator for Nicholas Pension Consultants

💼

DB Retirement Plan Consultant

EGPS

Remote

View job as DB Retirement Plan Consultant for EGPS

Press Releases

Ascensus Names Phillip Gillespie New Chief Legal, Risk and Compliance Officer

Ascensus

Joe Mallee named Head of MassMutual Financial Advisors

MassMutual

Betterment Acquires Ellevest's Automated Investing Business

Betterment

PensionBee’s Market Review Highlights the Dangers for Savers who ‘Set and Forget’ Dormant 401(k) accounts

PensionBee

401GO and isolved Announce Strategic Partnership to Simplify Retirement Planning for Businesses

401GO

Webcasts and Conferences
(Health & Welfare Plans)

FMLA Paid Leave Substitution Rules

March 5, 2025 WEBINAR

WebinarsHR

ERISA Litigation Hot Topics

March 19, 2025 WEBINAR

Western Pension & Benefits Council

Last Issue's Most Popular Items

Text of Executive Order 14221: Healthcare Pricing; Efforts to Empower Patients with Clear, Accurate, and Actionable Healthcare Pricing Information

Executive Office of the President

IRS Releases Guidance on ACA Reporting Requirements

Miller Johnson

Trump Issues Executive Order to Crack Down on Price Transparency

FierceHealthcare

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

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