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Health & Welfare Plans Newsletter

May 23, 2025

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💼  2 New Job Opportunities

 

[Official Guidance]

Text of Agency ACA FAQs, Part 70: Transparency in Coverage Machine-Readable Files (PDF)

"[T]he Departments intend to release schema version 2.0, which will implement revised technical requirements for the in-network file and out-of-network allowed amount and billed charges file.... [S]chema version 2.0 will reduce file size by requiring exclusion of duplicative data, reducing unnecessary data fields, and will include updates to better contextualize the data, making it more meaningful to ultimately achieve greater transparency."  MORE >>

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

[Official Guidance]

Text of Agency RFI for Prescription Drug Machine-Readable File Requirement in the Transparency in Coverage Final Rule (PDF)

25 pages. "The Departments request comments from all interested stakeholders to gain a better understanding of the issues related to compliance with, and implementation of, the prescription drug machine-readable file disclosure requirements ... The Departments are particularly interested in feedback related to prescription drug disclosure requirements on ... the required data elements, including potential additional or alternative data elements and other general implementation concerns."  MORE >>

U.S. Department of Health and Human Services [HHS]; U.S. Department of Labor [DOL]; and U.S. Treasury Department

[Official Guidance]

Text of CMS Updated Hospital Price Transparency Guidance (PDF)

May 22, 2025. "[H]ospitals must encode a standard charge dollar amount in the machine-readable file (MRF) if it can be calculated, including the amount negotiated for the item or service, the base rate negotiated for a service package, and a dollar amount if the standard charge is based on a percentage of a known fee schedule. Hospitals should discontinue encoding 999999999 (nine 9s) in the estimated allowed amount data element within the MRF and should instead encode an actual dollar amount."  MORE >>

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

[Official Guidance]

Text of CMS Request for Information: Hospital Price Transparency Accuracy and Completeness

"Questions for Public Comment: [1] Should CMS specifically define the terms 'accuracy of data' and 'completeness of data' in the context of HPT requirements, and, if yes, then how? [2] What are your concerns about the accuracy and completeness of the HPT MRF data? ... [3] Do concerns about accuracy and completeness of the MRF data affect your ability to use hospital pricing information effectively? ... [4] Are there external sources of information that may be leveraged to evaluate the accuracy and completeness of the data in the MRF? ... [5]What specific suggestions do you have for improving the HPT compliance and enforcement processes to ensure that the hospital pricing data is accurate, complete, and meaningful?"  MORE >>

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

[Guidance Overview]

Agencies Announce Moves to Strengthen Healthcare Price Transparency

"The departments jointly issued a Request for Information seeking public input ... regarding the prescription drug price disclosure requirements, including information ... such as the ability of health plans to access necessary data for reporting ... The agencies also released updated guidance [FAQs Part 70] ... that sets a clear applicability date for publishing an enhanced technical format for disclosures.... Separately, [CMS] released new guidance ... requiring hospitals to post the actual prices of items and services, not estimates. CMS also issued its own RFI to gather public feedback on how to boost hospital compliance and enforcement and ensure data shared is accurate and complete."  MORE >>

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

[Guidance Overview]

Non-Enforcement of 2024 MHPAEA Final Rule Announced; Preexisting Requirements Remain in Place

"[T]he purpose of the comparative analysis is to provide further visibility into whether plans are compliant with MHPAEA. Whether the analysis is determined to be sufficient or not, if an agency audit determines that any financial requirements or treatment limitations do not comply with the parity requirements, the plan may be required to take corrective action (e.g., reprocess claims and refund participants when applicable). In addition, non-compliant plans could be subject to a penalty[.]"  MORE >>

MZQ Consulting, LLC

Sixth Circuit Reverses Dismissal of Lawsuit Alleging Provider Overpayments by BCBS

"A lawsuit accusing Blue Cross Blue Shield of Michigan of overpaying medical providers and participating in self-dealing, which had been dismissed by a district court, was remanded [by the Sixth Circuit] ... [The] court found that under the plan's administrative services contract, it allowed BCBSM to retain savings from payments it 'erroneously approved.' When an administrator can recover overpayments it 'unilaterally caused or controlled,' the court argued that constitutes discretion over compensation, affirming that BCBSM acted as an ERISA fiduciary[.]" [Tiara Yachts, Inc. v. Blue Cross Blue Shield of Mich., No. 24-1223 (6th Cir. May 21, 2025)]  MORE >>

PLANSPONSOR; login may be may be required

District Court Allows Wellness Program Tobacco Surcharge Litigation to Proceed

"A federal district court in Virginia has denied an employer's motion to dismiss litigation brought by wellness program participants challenging tobacco surcharges imposed under the program.... [T]he district court cited an April 2025 ruling in which another [Virginia] district court held that plaintiffs had standing to challenge premium surcharges under a wellness program and adequately alleged that a wellness program's tobacco surcharges violated fiduciary standards of conduct under [ERISA]." [Bokma v. Performance Food Grp., Inc., No. 24-0686 (E.D. Va. May 20, 2025)  MORE >>

Thomson Reuters Practical Law

One Big, Beautiful Bill: Employee Benefits Provisions

"The House Bill will have an impact that employers should note regarding [1] the administration of compliant health savings account (HSA) benefit programs, [2] changes to the health benefit exchanges under the [ACA] that could impact employer-provided medical insurance benefits, and [3] new restrictions on enforcement of Employee Retention Credit (ERC) claims."  MORE >>

Buchanan Ingersoll & Rooney PC

Navigating Qualifying Life Events with Compliance and Confidence

"This blog is a practical guide for HR leaders navigating qualifying life events (QLEs) in employee benefits. It explains which life changes allow mid-year benefit updates, highlights common pitfalls -- like missed newborn enrollment windows -- and emphasizes the importance of aligning employer policies with carrier rules to maintain compliance under IRS Section 125."  MORE >>

Nava

Use of Health Care Services Among ESI Adults Aged 55-64 Compared to Other Age Groups (PDF)

"The exhibits in this brief illustrate how health care use and spending vary by age group ... They illustrate that people enrolled in ESI aged 55-64 use more services than all other adult age groups across all service categories. Per person spending also is higher for this age group than all other adults."  MORE >>

Health Care Cost Institute

Sen. Rand Paul Introduces Bill to Expand Health Care Freedom for the Self-Employed and Small Businesses

"The Association Health Plans Act of 2025 [S 1847] amends the Employee Retirement Income Security Act (ERISA) to give small business employees, sole proprietors, and gig workers the ability to aggregate together and access health insurance through large-group Association Health Plans (AHPs).... The bill requires participating associations to have existed for at least two years and to serve a broader purpose than providing health benefits"  MORE >>

U.S. Senator Dr. Rand Paul [R-KY]

Employee Benefits Jobs

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Plan Document Compliance Consultant

Pentegra

Remote / Putnam Valley NY

View job as Plan Document Compliance Consultant for Pentegra

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Sales Consultant

TPA Experts

Remote / Norwich NY

View job as Sales Consultant for TPA Experts

Webcasts and Conferences
(Health & Welfare Plans)

FMLA Unpacked: Advanced Leave and Compliance Issues

May 23, 2025 PODCAST

Ogletree Deakins

Understanding Medicare Options for Older Employees

June 18, 2025 WEBINAR

Worldwide Employee Benefits Network [WEB]

Last Issue's Most Popular Items

Agencies Are Still Enforcing Mental Health Parity Rules

Venable LLP

What Employers Need to Know About the 2026 CMS Creditable Coverage Redesign

OneDigital

Budget Bill Would Expand HSAs, Prompt Shift to ICHRAs

FierceHealthcare

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

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