Health & Welfare Plans Newsletter
April 11, 2025
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💼 4 New Job Opportunities
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[Guidance Overview]
New Dates Announced for Maryland's Delayed FAMLI Program
"Payroll deductions by employers will begin Jan. 1, 2027. Leave benefits will become available to eligible employees starting Jan. 3, 2028. This postponement follows the MDOL's proposal in February 2025 to delay implementation." MORE >>
Jackson Lewis P.C.
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CRS Legal Sidebar: Preventive Services Access Heads to the Supreme Court (PDF)
"On April 21, 2025, the Supreme Court is set to hear oral argument in Kennedy v. Braidwood, a constitutional challenge to a federal requirement on private health plans to cover clinical preventive services for millions of privately insured individuals.... [T]he
Supreme Court will consider whether the coverage requirements based on Task Force recommendations violate the Appointments Clause of the Constitution. This Sidebar provides an overview of the relevant background and the parties' arguments before the Supreme Court, and it highlights certain considerations for Congress." [LSB11284 Apr. 11, 2025] [Braidwood Mgmt, Inc. v. Becerra, No. 23-10326 (5th Cir. Jun. 21, 2024; cert. pet. granted Jan. 10, 2025)] MORE >>
Congressional Research Service [CRS]
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New Trend of Health and Welfare Fiduciary Litigation (PDF)
"[B]ecause individuals can now review the amount a plan pays for various services and compare that information to other plans, health plan fiduciaries could be at risk if they fail to determine whether their plans' vendor arrangements reflect market pricing. A recent
litigation trend underscores this risk." MORE >>
Kutak Rock LLP
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Excessive Fee Cases: Not Just for Retirement Plans Anymore
"A recent wave of cases has attempted to apply the theory of liability for retirement plan excessive fee cases to health plans -- specifically, arrangements with pharmacy benefit managers. Though the cases thus far have been dismissed for lack of standing, health plan sponsors
should consider reviewing their prescription drug arrangements (particularly the associated costs) and documenting a prudent fiduciary process in selecting and monitoring the health plan's service providers." MORE >>
Holland & Knight
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New Presidential Directive Could Swiftly Chop Healthcare Regs
"Starting in 10 days, [HHS] may begin slashing regulations it considers to be unlawful or to exceed the agency's authority, according to a memorandum sent by the president on [April 9].... The HHS will cut 'unlawful' regulations without a notice-and-comment period for the public to respond.... According to the timeline in the memorandum, the vacating of regulations could start April 19." MORE >>
FierceHealthcare
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The Impact of Tariffs on Healthcare Costs
"Nearly 70% of respondents predicted at least a 10% spike in pharmaceutical costs, driven largely by US dependence on Chinese imports for active pharmaceutical ingredients. Most of the hospital supply chain professionals surveyed (90%) anticipated major procurement disruptions
and 94% of healthcare administrators said they plan to delay equipment upgrades to help manage financial strain." MORE >>
Mercer
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Health Spending Issues to Watch This Year
"This brief examines market trends contributing to rising health costs and identifies several potential future federal and state policy issues to watch for throughout the rest of the year.... Weight loss drugs ... Other high-cost drugs and gene therapies ... Hospital
costs ... Federal policymaking on health cost ... State policymaking on health costs." MORE >>
The Peterson-Kaiser Health System Tracker
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Health Insurance in America: Where We Get It, How Long We Keep It, and the Evolving HDHP Landscape (PDF)
"Most people with private health insurance reported getting their coverage through their own job (61 percent) or through a spouse's job (20 percent).... Enrollment in high-deductible health plans (HDHPs) that were not eligible to be paired with an HSA continued to
fall, reaching 8 percent in 2024, after having reached 15 percent in 2020." MORE >>
Employee Benefit Research Institute [EBRI]
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Benefits in General |
[Official Guidance]
Text of Presidential Memorandum Directing the Repeal of Unlawful Regulations
"Following the 60-day review period ordered in Executive Order 14219 to identify unlawful and potentially unlawful
regulations, agencies shall immediately take steps to effectuate the repeal of any regulation, or the portion of any regulation, that clearly exceeds the agency's statutory authority or is otherwise unlawful. Agencies should give priority to the regulations in conflict with the United States Supreme Court decisions listed earlier in this memorandum. The repeal of each unlawful regulation shall be accompanied by a brief statement of the
reasons that the 'good cause' exception applies." MORE >>
Executive Office of the President
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[Official Guidance]
Text of IRS Private Letter Ruling Approving Expansion of Employee Eligibility for Benefits Under Pension Plan's Section 401(h) Retiree Medical Account (PDF)
"Because certain Pension Plan participants will be eligible to receive retirement benefits prior to their separation from employment once they attain age 59½, separation from employment would not be a condition to receiving retirement benefits under the Pension Plan for
those participants. Accordingly, the participants covered by the proposed plan amendment who are at least 59½ and still actively employed would not be excluded from being considered eligible to receive retirement benefits under the third sentence of Section 1.401-14(b)(1)." MORE >>
Internal Revenue Service [IRS]
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Avenues for Benefit Plan-Related Relief in Response to the California Wildfires
"Participants in employee benefit plans -- usually employees but sometimes their beneficiaries -- may be eligible for relief through retirement plan distributions, waivers of medical and/or prescription drug requirements, and extensions on tax filing and payment
deadlines.... [P]lan sponsors are eligible for relief from some filing and payment deadlines if the plan is impacted by the LA wildfires. MORE >>
Thompson Hine
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Employee Benefits Jobs
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Selected New Discussions |
Employee Misrepresented Marital Status on Health Enrollment Forms
"Here in California, just discovered yesterday that an employee has been misrepresenting that his domestic partner was his spouse on his health insurance enrollment forms for the last four years. Found out because he just told me he was about to get married later this
month! ... I don't believe she is a registered domestic partner ... Her premiums have been paid pre-tax through payroll deferrals and she also used his HRA last plan year. Regardless of whether or not she is registered, I know that the IRS does not generally allow pre-tax premium deferrals and HRA participation for domestic partners. Any advice on what to do now? Go back and try to make four years of corrections or just move
forward since they are about to get married in 3 weeks?"
BenefitsLink Message Boards
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Press Releases |
HUB International Announces New U.S. Employee Benefits and Retirement and Private Wealth Leadership Appointments
HUB International
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Webcasts and Conferences (Health & Welfare Plans) |
The Fundamentals of ERISA Consulting
May 15, 2025 WEBINAR
Savoy
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Last Issue's Most Popular Items |
Text of Updated CHIP Model Notice for Employers Regarding Premium Assistance Opportunities (PDF)
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]
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EBSA Now Subject to Early Retirement and Voluntary Resignation Push
American Retirement Association [ARA]
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2025 CHIP Model Notice Released by DOL
AssuredPartners
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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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