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Health & Welfare Plans Newsletter

June 18, 2025

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💼  2 New Job Opportunities

 

[Guidance Overview]

Applicable Large Employers: Frequently Asked Question (PDF)

12 pages. "The first year as an Applicable Large Employer (ALE) under the [ACA] can be baffling and sometimes overwhelming.... These Frequently Asked Questions (FAQs) address the initial questions most new ALEs have."  MORE >>

HUB International

[Guidance Overview]

New York City Enhances ESSTA Rules for Prenatal Leave

"Changes to NYC's paid prenatal leave requirement take effect 07.02.25. They incorporate and enhance NYS prenatal leave protections that went into effect at the beginning of this year. NYC employers should understand their obligations and implement the changes to policies, notices, and recordkeeping."  MORE >>

Jackson Lewis P.C.

[Guidance Overview]

Pittsburgh, Pennsylvania Changes the Accrual Requirements and Amount of Paid Sick Leave

"Unless Allegheny County revises its law to match Pittsburgh's, starting in 2026, employers in Pennsylvania may need to comply with three laws across the state different with different accrual rates and caps: [1] Pittsburgh; [2] Allegheny County; and [3] Philadelphia."  MORE >>

Littler

Supreme Court Opinion Upholding Tennessee Law Prohibiting Transgender Treatment of Minors (PDF)

118 pages. From the syllabus provided by the Court: "Tennessee's law prohibiting certain medical treatments for transgender minors is not subject to heightened scrutiny under the Equal Protection Clause of the Fourteenth Amendment and satisfies rational basis review.... (a) SB1 is not subject to heightened scrutiny because it does not classify on any bases that warrant heightened review.... (b) SB1 satisfies rational basis review.... (c) This case carries with it the weight of fierce scientific and policy debates about the safety, efficacy, and propriety of medical treatments in an evolving field." [U.S. v. Skrmetti, No. 23-477 (S.Ct. Jun. 18, 2025)]  MORE >>

Supreme Court of the United States

Second Circuit Rules Power of Attorney Insufficient to Give Provider Standing

"The Second Circuit noted that Dr. Karkare's 'theory of constitutional standing appears to be that he is suing purely in a representative capacity on behalf of Patient JN' pursuant to the power of attorney. However, according to the court this did not align with the allegations in Dr. Karkare's complaint, which 'indicate that Karkare is in fact suing in his own name and for his own benefit'[.]" [Karkare v. Int'l Ass'n of Bridge 580, No. 22-2874 (2d Cir. June 9, 2025)]  MORE >>

Kantor & Kantor

The Most Expensive Severance Mistake You'll Read About This Year

"The trial court found that a mistake had occurred -- but denied reformation.... To reform a contract, there must be proof of a mutual agreement to different terms before signing.... On appeal, the First Circuit didn't reach the reformation question.... Because both readings were plausible, the contract's meaning couldn't be resolved as a matter of law. The district court should have considered extrinsic evidence -- emails, discussions, or draft language -- before deciding who was right." [Dahua Techology USA, Inc. v. Zhang, No. 24-1350 (1st Cir. May 12, 2025)]  MORE >>

Pierson Ferdinand LLP

HIPAA Risk Analyses for Digital Health: Navigating AI, M&A and Vendor Diligence

"HIPAA Security Risk Analyses (SRAs) should be the foundation of every digital health company's cybersecurity compliance. Far more than a checkbox exercise, a comprehensive SRA helps identify and mitigate risks and vulnerabilities to electronic protected health information (ePHI), reduce the likelihood of costly breaches, and demonstrate good faith in the face of regulatory scrutiny.... Recent Office for Civil Rights (OCR) enforcement actions make clear that inadequate SRAs carry serious financial and reputational consequences."  MORE >>

Foley & Lardner LLP

Beyond Mandates: The Importance of Protecting Health Data

"The many reasons why the HIPAA Security Rule is vital for sponsors of group health plans and their participants include: [1] Protecting participant privacy; [2] Maintaining data integrity; [3] Ensuring data availability; [4] Mitigating financial and reputational risks; [5] Adapting to technological advancements. This article discusses when to conduct HIPAA security and HITECH risk assessments, particularly in light of two relatively recent trends that have created new IT risks as cybercrime continues to accelerate."  MORE >>

Segal

The Real Reasons Your California Public Agency Needs a Section 125 Cafeteria Plan

"Public agency employers in California are facing increasing pressure to offer competitive, flexible, and legally compliant employee benefits. But there is one foundational document many agencies still overlook or perhaps do not fully understand -- the Section 125 cafeteria plan. Without it, certain popular and tax-advantaged benefits cannot be offered, and agencies may inadvertently run afoul of federal tax law."  MORE >>

Liebert Cassidy Whitmore

[Opinion]

The Journey Toward Mental Health Parity: Persistent Challenges and New Roadblocks

"Over the last several decades, Congress has, on a bipartisan basis, sought to given federal officials the authority and the tools to ensure mental health parity, which requires health plans that cover mental health and substance use care benefits do so at the same level as physical health care benefits.... [R]ecently the Trump Administration has taken specific steps that will most certainly undermine mental health parity. This should be troubling for anyone who has a family member or friend with mental illness -- an illness that occurs in more than 1 in 5 U.S. adults."  MORE >>

Ali Khawar and Jessica Schubel, via Health Affairs Forefront

Benefits in General

Cybersecurity Program Best Practices for Employee Benefit Plans

"[1] Establish a formal cybersecurity program ... [2] Conduct annual risk assessments ... [3] Require independent third-party audits ... [4] Define security roles and implement strong access controls ... [5] Ensure secure management of cloud services and vendors ... [6] Implement secure development practices and business resiliency programs ... [7] Encrypt sensitive data and maintain strong technical controls ... [8] Prepare for and respond to cybersecurity incidents."  MORE >>

Clark Schaefer Hackett

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Press Releases

Eversheds Sutherland Expands Financial Services Bench with Addition of ERISA Powerhouse David Kaleda

Eversheds Sutherland

Benesch More Than Triples Size of Executive Compensation & Benefits Team in One Year, Welcoming Three New Attorneys in Past Month

Benesch

JULY Acquires Employee Incentive Plans, Inc., Expanding National Reach and Deepening Retirement Plan Capabilities

JULY Business Services

Hall Benefits Law Welcomes Partner Jean Yu, Establishes Los Angeles Office

Hall Benefits Law

Webcasts and Conferences
(Health & Welfare Plans)

Fiduciary Oversight, Claims Accuracy & Hidden Opportunities

June 18, 2025 PODCAST

Brown & Brown

Last Issue's Most Popular Items

The Pros and Cons of a Health and Welfare Plan Fiduciary Committee

Newfront

Senate GOP Unveils Its Version of the 'Big, Beautiful Bill'

FierceHealthcare

CMS Creditable Coverage Updates for Group Health Plans

International Foundation of Employee Benefit Plans [IFEBP]

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

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