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Moving from Theory to Implementation of Healthcare Reform: An Overview for Employers of New Guidance, Strategies and Case Studies (PDF)

18 pages. Slides from a presentation. Fabulous examples. Excerpt: ACA changes impact notices typically distributed with open enrollment materials. 1. Notice of Special Enrollment Rights. 2. General Notice of Preexisting Condition Exclusion. [An MP3 recording of the presentation is available at http://www.vorys.com/healthcarereform.]'(Maybe say in the excerpt that an MP3 recording is available at http://www.vorys.com/healthcarereform )

New Hampshire Expands Unpaid Leave Rights for Employees

"Starting January 1, 2026, a new law in New Hampshire will notably broaden the unpaid leave rights for employees, allowing them to attend medical appointments related to childbirth, postpartum care and infant pediatric needs. The law applies to employers with 20 or more employees in the state, imposing new compliance requirements that must be incorporated into existing leave policies."

Key Developments for Employers' Disclosure of Reproductive Health Care Under HIPAA

"The federal Reproductive Health Care Privacy Protections are no longer in effect. Covered entities are no longer required to include them in their HIPAA policies and procedures. Covered entities and business associates are no longer required to comply with the related attestation requirements.... [T]he NPP requirements regarding the use and disclosure of Part 2 records remain in effect."

Indiana Mandates Employee Leave for School Meetings

"Effective July 1, 2025, Indiana generally requires all employers [to] provide unpaid leave for employees to attend school conferences and meetings for their children. Employers are prohibited from taking adverse action against an employee who is absent from work to attend an attendance conference or a case conference committee meeting regarding their child."

Pittsburgh Enacts Employee-Friendly Amendments to Paid Sick Leave Law

"Before this amendment, the paid sick leave laws in Pittsburgh and Allegheny County used the same accrual rate and permitted employees to accumulate and annually use the same amount of paid sick leave. With these amendments, Pittsburgh employees will have faster accrual and higher accumulation and usage caps than employers elsewhere in Allegheny County."

Telehealth Services Safe Harbor for HDHPs Expires December 31: Next Steps for Plan Sponsors

"[P]lan sponsors may: [1] [R]equire HDHP participants to pay fair market value for non-preventive telehealth services until the participant satisfies the minimum HDHP deductible. The fair market dollar value that HDHP participants pay for eligible services will count toward both the HDHP deductible and the maximum out-of-pocket limit. [2] [D]isallow HDHP participants from utilizing telehealth services for non-preventive services until they meet their HDHP deductible. This may be necessary if telehealth vendors do not have fair market dollar valuations available. [3] [E]liminate telehealth services from the HDHP plan."

Just Say No! HIPAA and Requests for Reproductive Health Information

"[To] comply with the 2024 Final Privacy Rule, a covered entity is only required to disclose PHI to the individual the PHI belongs to and to the individual's personal representative. All other disclosures are permissive.... This article ... discusses compliance hurdles that covered entities may face when refusing to provide requested information in permissive circumstances."

California Employers May Not Require Employees to Use Vacation Time Before They Receive PFL

"The [Paid Family Leave (PFL)] law now prohibits employers from requiring an employee to use up to two weeks of earned but unused vacation before they can receive PFL benefits. This new prohibition applies to any period of disability commencing on or after January 1, 2025. However, the option for employees to voluntarily use their vacation time remains available."

Financial Institutions as Unknowing HIPAA Business Associates

"If a bank or other financial institution performs functions beyond the routine payment processing activities excepted by HIPAA, it may be a HIPAA business associate, which carries important compliance obligations as a matter of law."

Health Plans Must Act Now on Gag Clause Attestations and Electronic Filing Requirements

"f two fast approaching deadlines: [1] certain group health plans are required to attest by December 31, 2023 that the plans comply with a prohibition on gag clauses; and [2] employers previously excluded from the electronic filing requirements may now need to file certain information returns electronically."