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Health & Welfare Plans Newsletter

April 7, 2025

💼  3 New Job Opportunities

 

[Official Guidance]

Text of CMS Final Rule: Contract Year 2026 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, Medicare Cost Plan Program, Etc.

438 pages. "In this final rule, CMS codifies certain Part D requirements from the Inflation Reduction Act of 2022 (IRA). Specifically, this rule codifies the IRA's vaccine and insulin cost-sharing requirements and codifies the program instruction for the Medicare Prescription Payment Plan program. Additionally, CMS is finalizing two IRA-related provisions that are needed to help ensure that selected drugs with maximum fair prices (MFPs) in effect under the Negotiation Program are available to beneficiaries at the point of dispensing and that the MFPs are effectuated for dispensing entities timely." [Also available: Fact Sheet]  MORE >>

Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]

[Official Guidance]

Draft of 2025 IRS Form 8941: Credit for Small Employer Health Insurance Premiums (PDF)

Apr. 4, 2025. "Did you pay premiums during your tax year for employee health insurance coverage you provided through a Small Business Health Options Program (SHOP) Marketplace (or do you qualify for an exception to this requirement)? ... See the instructions and complete Worksheets 1 through 7 as needed."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

CMS Excludes Anti-Obesity Drug Coverage Under Medicare, Medicaid

"As outlined by the CMS, the Trump administration's final rule will not include three proposals included in the initial proposal, including the plan to cover anti-obesity medications. The previous administration attempted to have Medicare Part D and Medicaid cover anti-obesity drugs under the Contract Year 2026 MA and Part D rule, which would have substantially increased access to GLP-1 drugs for weight loss. (Some other indications are currently permitted.)"  MORE >>

FierceHealthcare

[Guidance Overview]

Preparing for Implementation of Missouri Paid Sick Time: Key Deadlines and Compliance Requirements

"The earned paid sick time provisions of Proposition A are set to take effect on May 1, 2025.... The law applies to almost all Missouri employees, including full-time, part-time and temporary with limited exceptions.... While ongoing litigation and legislative efforts seek to delay or modify certain aspects of the law, these initiatives are unlikely to affect the start date or the notice period required by the statute."  MORE >>

Polsinelli PC

District Court Declares ERISA Preempts Provisions of Tennessee PBM Law

"McKee challenged a related provision requiring PBMs to admit any willing pharmacy to their networks without giving preference to a pharmacy or requiring different cost-sharing obligations or additional fees for using a certain participant-preferred pharmacy.... After rejecting standing challenges by Tennessee, the court found that the challenged provisions were preempted by ERISA because they have an impermissible 'connection with' ERISA plans[.]" [McKee Foods Corporation v. BFP Inc., No. 21-0279 (E.D. Tenn. Mar. 31, 2025)]  MORE >>

Miller & Chevalier

District Court Awards Long-COVID LTD Benefits to ERISA Claimant, Rejecting Unum's Demand for Objective Evidence

"This decision underscores the reliance on subjective medical evidence in ERISA disability claims, particularly for conditions that are not objectively verifiable. It also highlights the necessity of scrutinizing plan terms and insistence on objective evidence where none is required or feasible, reaffirming the role of treating physicians' opinions in substantiating disability claims." [Waldron v. Unum Life Ins. Co. of Am.No. 24-5193 (W.D. Wash. Mar. 28, 2025)]  MORE >>

Roberts Disability Law

You Can't Kick High-Cost Claimants Off Your Health Insurance

"If a broker or consultant comes to you with a solution that claims that it can remove an employee from an employer-sponsored health plan because of high claims or suggests that a high claimant will be 'dropped' from coverage in exchange for another solution, it's a red flag. These kinds of promises may sound tempting, but they often fall short of legal standards and may violate HIPAA and Medicare nondiscrimination rules, as well as other IRS rules."  MORE >>

Bricker Graydon

House Examines Cost of Employer-Sponsored Health Insurance

"[The April 2] hearing highlighted how growing health insurance premiums are straining employers -- especially small businesses -- and explored policy solutions to help keep coverage both accessible and financially sustainable."  MORE >>

HR Policy Association [HRPA]

Employers Support HSA Changes to Make Them More Flexible

"Among large employers (500 or more employees), the highest average rating was for allowing the use of HSA funds for long-term care services ... After that, employers were most likely to strongly support allowing telemedicine and mental health services to be covered pre-deductible without interfering with HSA eligibility, and higher annual HSA contributions limits."  MORE >>

Mercer

[Opinion]

Confessions from the Belly of the Beast

"[T]he only real power employers have is to exit the cartel altogether. Self-fund your health plan. Get out of the network. Strip these middlemen of the leverage they use to fleece you, your employees and their families. Because when you carve out the networks, the contracts, and the opacity, you expose the real costs.... And, maybe most importantly, you stop buying Champagne for the folks who think your sick employees are actuarial rounding errors."  MORE >>

Craig Gottwals, via Substack; free registration may be required

[Opinion]

Implications of the Health Care System's Design for Administrative Costs

"Although minimizing administrative costs is not the goal of the health care system, the fiscal burden of administration, and associated frustration, may make our system hard to sustain, motivating calls for reforms. [This article describes] the challenges inherent in health care markets and how our approach to addressing those challenges contributes to high administrative costs.... [M]odest policy-based guardrails can help mitigate administrative costs while maintaining the structure and values of our system."  MORE >>

Health Affairs Forefront

Benefits in General

[Official Guidance]

Text of IRS Notice 2025-19: Public Recommendations Invited for Items to Be Included on the 2025-2026 Priority Guidance Plan (PDF)

"The 2025-2026 Priority Guidance Plan will identify guidance projects that the Treasury Department and the IRS intend to actively work on as priorities during the period from July 1, 2025, through June 30, 2026.... Please submit recommendations for guidance by Friday, May 30, 2025, for possible inclusion on the original 2025-2026 Priority Guidance Plan."  MORE >>

Internal Revenue Service [IRS]

Employee Benefits Jobs

💼

Retirement Plan Consultant

Sentinel Group

Remote / Wakefield MA / Hybrid

View job as Retirement Plan Consultant for Sentinel Group

💼

Sales Consultant - Retirement Plan Software

ASC - Actuarial Systems Corporation

Remote / Sylmar CA / Hybrid

View job as Sales Consultant - Retirement Plan Software for ASC - Actuarial Systems Corporation

💼

Institutional Retirement Services Relationship Manager

Fulton Bank

Harrisburg PA / Hybrid

Press Releases

Cohen & Buckmann Welcomes Texas-Based Attorney Austin Light

Cohen & Buckmann P.C.

Kerri Willis Introduced as New Senior Counsel, Health Policy

American Benefits Council

Alight Marks Onboarding of 200th Pension Risk Transfer Transaction

Alight

Cetera Launches Emergency Planning and Communications Kit to Support Advisors During Crisis

Cetera

Webcasts and Conferences
(Health & Welfare Plans)

Rehabilitation for Return to Work and Navigating ADA Accommodation

April 17, 2025 in GA

Worldwide Employee Benefits Network [WEB] - Atlanta Chapter

Interaction of Health Care Reform With Other Laws

May 14, 2025 WEBINAR

Lorman Education Services

Last Issue's Most Popular Items

Can Spouses with Self-Only HDHP Coverage Share Their HSA Contribution Limits? (PDF)

Thomson Reuters / EBIA

The Fiduciary Survival Guide for HR and Health Benefits

Nava

ERISA Claims Standards Apply to Exceptions in Employee Benefit Plans

The Wagner Law Group

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

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