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Health & Welfare Plans Newsletter

April 9, 2025

💼  2 New Job Opportunities

 

[Official Guidance]

Draft of 2025 IRS Form 8889: Health Savings Accounts (HSAs) (PDF)

"Part I: HSA Contributions and Deduction.... Part II: HSA Distributions.... Part III: Income and Additional Tax for Failure To Maintain HDHP Coverage."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

What Can Be Learned from Proposed Modifications to the HIPAA Security Rule?

"The NPRM has received over 4,000 comments from HIPAA-regulated entities, healthcare industry stakeholders and the public.... [W]hile it is unclear whether this proposed rule will be finalized (and if so, in what form), the NPRM contains helpful guidance for plan sponsors on what OCR considers to be best practices as it relates to the protection of ePHI."  MORE >>

Trucker Huss

NQTL Comparative Analysis: Do You Know What You're Getting?

"Although many third party administrators (TPAs) have agreed to provide data needed to conduct the analysis of NQTLs and may label such data as the 'comparative analysis,' it is common for the data and/or analysis to not meet applicable requirements. In particular, these documents frequently do not contain the findings and conclusions regarding the plan's compliance with the NQTL requirements under the mental health parity rules."  MORE >>

Haynes and Boone, LLP

AI and Algorithm-Based Health Insurer Denials Pose New Legal Threat

"A string of lawsuits targeting the use of artificial intelligence and algorithms in claims denials is raising risks for private health insurers and employers, even as the litigation encounters early obstacles.... The lawsuits also underscore patients' frustration with the insurance industry, which is already playing defense in courts over insurers' use of prescription drug rebates, limited access to claims data, and allegedly stiffing doctors in surprise billing disputes."  MORE >>

Bloomberg Law

Employee Benefits Cost Containment: Overcoming Roadblocks

"While we can't change the overall cost of health care, employers and modern HR teams have options to manage costs across every aspect of their benefits program. One way is leaning into technology as an essential tool for cost management."  MORE >>

Benefitfocus

[Sponsor]

2025 Onsite Employee Health & Wellness Centers Conference

June 16-17, 2025 - Nashville TN. Learn what it takes to build and streamline facilities that meet innovative visions for healthcare and wellness. Walk away with practical solutions to operate a cost-effective program while providing quality healthcare.

Sponsored by World Conference Forum

Questions to Ask When Selecting Health Benefit Offerings for Employees

"How does this offering align with our company values? ... Are employees actually using these benefits? ... Which benefits enhance employee well-being and productivity? ... Would I actually use this? ... Does this benefit directly improve employee well-being and engagement? ... Can employees access this benefit quickly and easily? ... Do these benefits drive top performance or check a box? ... What will be most important to employees in the future?"  MORE >>

Forbes; subscription may be required

Deviation, Documentation, and the Door: When Honest Belief Meets FMLA Misuse

"An employee claimed FMLA interference and retaliation after being fired for allegedly misusing leave meant to take his wife to IVF appointments. He insisted it also covered prepping her injections and dropping them off at work. The court wasn't buying it. The employer documented well, followed its policy, relied on an honest belief that the employee was misusing leave, and didn't have to let him 'clarify' his certification. Big win for employers who enforce FMLA boundaries." [Divkovic v. The Hershey Co., No. 21-1947 (M.D. Penn. Mar. 21, 2025)]  MORE >>

Pierson Ferdinand LLP

[Opinion]

Claims Processing by AI? Here Come the Lawsuits

"[M]any types of claims, in all sorts of contexts, require interpretation of plan terms or even insurance policy terms, and even more require some sort of judgment call as to the relationship between a particular fact pattern and the plan or policy terms at issue.... An AI rule based system that denies claims where judgment and discretion are needed to make the call raises a host of problems, including whether denials are accurate, whether a state's claims handling statues and regulations are being complied with in that circumstance ... and whether a claim denial under an ERISA plan is arbitrary and capricious."  MORE >>

Stephen Rosenberg, The Wagner Law Group

Benefits in General

Healthcare, Wellness, and Financial Planning

"[U]nexpected medical expenses and long-term healthcare costs are two of the most common threats to a solid financial plan.... Consider an HDHP over a PPO to stash additional savings ... Max out your HSA ... It's okay to touch an emergency fund for healthcare costs ... Get to know your benefits package and be aware of wellness programs."  MORE >>

Savant

Employee Benefits Jobs

💼

Retirement Plan Consultant

The Finway Group

Remote / West Des Moines IA

View job as Retirement Plan Consultant for The Finway Group

💼

Defined Benefit Plan Administrator

Heller Pension Associates, Inc.

Remote / Hyde Park NY / Miami FL / Hybrid

View job as Defined Benefit Plan Administrator for Heller Pension Associates, Inc.

Press Releases

ASC, Finch Partner to Automate Sponsor Data Collection for TPAs

ASC

Groom Law Group Welcomes Lee Antone as Principal, Expanding its Retirement and Fiduciary Practice

Groom Law Group

MissionSquare Retirement to Build Out Personal Wealth Unit, Hires Betsy Schroeder to Lead Retail Solutions

MissionSquare Research Institute

Webcasts and Conferences
(Health & Welfare Plans)

Pharmacy Costs, Innovations and Compliance: Employer Considerations

May 13, 2025 WEBINAR

Lockton

Last Issue's Most Popular Items

Considerations When Changing the Plan Year for Health and Welfare Benefit Plans

Brown & Brown, Inc.

Prescription Drug Data Collection (RxDC) Reporting (PDF)

Brown & Brown, Inc.

How Self-Funded Health Plans Are Leveraging Direct Contracting

AssuredPartners

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

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