Health & Welfare Plans Newsletter
May 27, 2025
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💼 2 New Job Opportunities
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[Guidance Overview]
ERISA Fiduciary Governance: Transparency Obligations (PDF)
37 presentation slides. Topics include: [1] ERISA fiduciary governance basics; [2] Group health plan transparency obligations; [3] CAA 2021 transparency requirements: Gag clause prohibition, MHPAEA NQTL comparative analysis, RxDC reporting, and Section 408(b)(2) disclosures; [4] Fiduciary breach litigation; [5] TiC rule requirements; [6] Cost containment strategies and tools for plan fiduciaries; [7] Key takeaways. MORE >>
NFP
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[Guidance Overview]
New Guidance Makes Hospital Price Transparency Obligations More Exacting
"Changes to machine-readable files (MRFs) will place more responsibility on hospitals to provide the dollar amounts they charge for services.... Hospitals could face compliance challenges in instances when the standard charge is based on a percentage or
algorithm." MORE >>
Healthcare Financial Management Association [HFMA]; login may be required
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[Guidance Overview]
CRS In Focus: The ACA Preventive Services Coverage Requirement
"This In Focus provides an overview of the preventive services coverage requirement. It includes enrollee estimates and outlines considerations for potential legislative changes. It also provides context relevant to the Kennedy v. Braidwood challenge to this
coverage requirement, currently before the Supreme Court." [IF 13010 May 23, 2025] MORE >>
Congressional Research Service [CRS]
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Sixth Circuit Clarifies ERISA Fiduciary Duties in Challenge to Blue Cross Blue Shield's Out-of-Network Payment Practices
"[T]he court examined whether BCBSM exercised discretion over its [own] compensation. The ASC stipulated a 30% fee from savings, but BCBSM's control over claims processing -- specifically, its ability to inflate claims initially -- meant it could manipulate the pool
of overpayments from which it profited. This discretion over its own compensation affirmed BCBSM's fiduciary role." [Tiara Yachts, Inc. v. Blue Cross Blue Shield of Mich., No. 24-1223 (6th Cir. May 21, 2025)] MORE >>
Roberts Disability Law
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Litigation Involving Enforcement of No Surprises Act IDR Awards Continues
"[The court found] that the air ambulance companies did have standing to bring claims under ERISA as assignees and that the NSA provides a private cause of action to enforce IDR awards. This decision adds to a growing split among lower courts on the issue of whether the NSA
allows providers and insurers to sue to enforce its mandates." [Guardian Flight LLC v. Aetna Life Ins. Co. Inc., No. 24-0680 (D. Conn. May 14, 2025)] MORE >>
Miller & Chevalier
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Obesity and GLP-1 Drugs: a Claims-Based Analysis (PDF)
"The percentage of adult patients prescribed any type of GLP-1 drug increased from 0.9 percent of patients in 2019 to 4.0 percent of patients in 2024, a relative increase of 363.7 percent ... Over two percent of adult patients now take a GLP-1 drug to treat
overweight or obesity.... The percentage of younger adults (aged 18-39) prescribed a GLP-1 drug increased from 0.19 percent in 2019 to 1.33 percent in 2024, a relative increase of 587.8 percent.... The use of behavioral health services decreased dramatically for patients prescribed GLP-1 drugs during the study period." MORE >>
FAIR Health
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Mental Health: Beyond the ADA and FMLA
"[E]mployers who neglect [mental health concerns] are likely to face higher levels of absenteeism, lower productivity, and increased turnover. Employers should consider the following: [1] Offering more than a basic benefits package that addresses specific mental health
needs; [2] Providing regular education, training and communication about available benefits; [3] Ensuring that managers are trained on both legal requirements and internal benefits programs; and [4] Leading by example." MORE >>
FordHarrison
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Benefits in General |
[Guidance Overview]
Electronic Distribution of ERISA Documents to Employees
"ERISA requires that the disclosure method of plan materials to employees be 'reasonably calculated to ensure actual receipt.' The DOL has a 2002 safe harbor approach to meet that standard, which is based on whether employees have work-related computer access integral to
their job duties. Nonetheless, many employers today are comfortable operating outside that dated safe harbor approach given the current widespread access to online materials by most employee populations." MORE >>
Newfront
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Employee Benefits Jobs
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Selected New Discussions |
What Happens If a Lifestyle Spending Account Becomes Subject to COBRA
"We have an employer that runs a LSA and they have been allowing reimbursement of medical expenses. We understand this practice makes the LSA a health plan, subject to COBRA (we don't even want to think of the other compliance headaches -- ERISA, HIPAA -- at this
point). Assuming the above, should the employer start offering COBRA on the LSA? If the employer offers COBRA, is the entire LSA required to continue during the COBRA period, so just the medical reimbursement portion? In other words, say the LSA provides for reimbursement of non-medical and medical expenses, during COBRA could the employer limit reimbursement only to medical expenses, or do non-medical expenses have to continue to be
reimbursed, too, since that is what is allowed under the LSA during employment?"
BenefitsLink Message Boards
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Press Releases |
SPARK Institute and Korn Ferry Launch Research to Address Leadership Succession in a Changing Retirement Industry
SPARK Institute
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Oak Harvest Financial Group Launches New Retirement Plan Administration & Fiduciary Services Offering for Houston-area Businesses
Oak Harvest Financial Group
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Last Issue's Most Popular Items |
One Big, Beautiful Bill: Employee Benefits Provisions
Buchanan Ingersoll & Rooney PC
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Text of Agency ACA FAQs, Part 70: Transparency in Coverage Machine-Readable Files (PDF)
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]
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Text of Agency RFI for Prescription Drug Machine-Readable File Requirement in the Transparency in Coverage Final Rule (PDF)
U.S. Department of Health and Human Services [HHS]; U.S. Department of Labor [DOL]; and U.S. Treasury Department
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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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