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ACA Regulatory Roundup: The Top 10 Things You Need to Know Now
February 18, 2016 WEBCAST
(Employee Benefit News)

Five Conversations You Should Be Having About the Cadillac Tax
February 24, 2016 WEBCAST
(Tango Health)

Navigating the Complexities of FMLA, ADA and Other Overlapping Leaves of Absence Laws
February 25, 2016 in NY
(Littler Mendelson)

Developing an Effective ESOP Company Board of Directors
March 29, 2016 WEBCAST
(National Center for Employee Ownership [NCEO])

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Text of Response Brief by HHS in Supreme Court Case on ACA Contraceptive Coverage (PDF)
"Petitioners object to providing contraceptive coverage on religious grounds but are eligible for a regulatory accommodation that would allow them to opt out of the contraceptive-coverage requirement. Petitioners contend, however, that the accommodation itself violates the Religious Freedom Restoration Act of 1993 (RFRA) ... because the government will require or encourage third parties to provide petitioners' employees and students with separate contraceptive coverage if petitioners opt out. The question presented is: Whether RFRA entitles petitioners not only to opt out of providing contraceptive coverage themselves, but also to prevent the government from arranging for third parties to provide separate coverage to the affected women." [ Zubik v. Burwell , Nos. 14-1418 et al. (3d Cir. Feb. 11, 2015; cert. pet. granted Nov. 6, 2015). (Solicitor General of the United States; via American Bar Association)

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'Right-Sizing' Full-Time Employees to Reduce ACA Obligations May Lead to ERISA Class Action Exposure
"[W]hile the complaint includes claims for past and future health benefits and for 'incidental' lost wages, the opinion focuses on ERISA Section 510 and holds that the plaintiff has a viable claim that reducing her work hours was done for the purpose of interfering with her right to benefits under the company health plan. Second, the opinion finds that the complaint successfully alleged the employer's 'unlawful purpose' and intention to interfere with benefits, pointing to allegations that company representatives publicly stated that they were reducing the number of full-time employees to avoid ACA costs." [ Marin v. Dave & Buster's, Inc. , No. 15-3608 (S.D.N.Y. Feb. 9, 2016)] (McDermott Will & Emery)

ACA Cadillac Tax Delay Didn't Stop Employer Strategies
"Fifty eight percent of employers surveyed expect their medical plan costs to exceed the thresholds for the ... 'Cadillac' tax, which was originally to take effect in 2018, but has been delayed until 2020.... 70% of employers expect their budgets for benefit plans to increase ... Half of the employers in the study said they will continue to make changes to their plans either this year or in 2017 by adding a high deductible plan option (52%), increasing the employee contribution percentage (56%), or increasing co-insurance features (55%)." (PLANSPONSOR)

Despite Delay in Excise Tax, Employers Continue to Explore Value of Private Exchanges and Cost Management Strategies (PDF)
"When asked if they would consider using a private exchange for full-time active employees before 2019, 6% of employers responded they have contracted with an exchange, the same percent as in 2014 ... [S]omewhat fewer (40% versus 41%) indicated they are still considering this strategy. Over half of employers (53%) agreed that if an industry peer moved to a private exchange they would be more likely to do so. The rate of employers considering the public exchange for full-time active employees did not change year over year (16% in 2014 and 2015)." (Midwest Business Group on Health [MBGH])

Employee Benefits Trends in the Workplace and Marketplace (PDF)
11 pages. "Employers ... continue to make significant changes to their benefits in order to manage costs, increase participation and engagement, implement cost-sharing strategies, and improve health. And, after all these modifications, most employers are still seeing rising costs for 2016 and are concerned they will be penalized with the excise or 'Cadillac' tax originally set for 2018, now delayed until 2020." (Wells Fargo)

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2015 Year-End HSA Market Research Report (PDF)
"The number of HSA accounts rose to 1 6 .7 million, holding almost $30.2 billion in assets, a year over year increase of 25% for HSA assets and 22% for accounts for the period of December 31st, 2014 to December 31st, 2015.... 24% of accounts at year-end were unfunded compared to 10% at midyear 2015.... The average investment account holder has a $14,035 average total balance (deposit and investment account).... During 2015, health plans were the leading driver of new account growth, accounting for 36% of new accounts." (Devenir)

Tax Season Brings New Health Law Paperwork, Some Confusion
"Large employers and insurers in Minnesota are distributing for the first time this winter more than a million tax documents that show who had health insurance last year, a seemingly straightforward task that has nonetheless created some clerical headaches.... Forms can be complicated for workers who've moved between full-time and part-time status during the year, or for those who retired or left employment. There's also been confusion among employers about how exactly to use codes that describe the coverage offered to workers." (StarTribune)

Insurers and Medicare Agree on Measures Tracking Doctors' Quality
"The measures are intended to make it easier for Medicare, patients, insurers and employers to assess quality and determine pay. America's Health Insurance Plans [AHIP], which represents most insurers, said it was encouraging insurers to add these into contracts it strikes and renews with doctors and hospitals. Medicare already uses some of the measures in its payment programs and plans to add the others[.]" (Kaiser Health News)

ERIC Supports Michigan Senate Bill 753 on Telehealth
"ERIC is pleased that S. 753 considers the needs of patients who use telehealth, while recognizing that providers must maintain a high standard of care. ERIC believes that the standards governing in-person visits, to ensure patient safety and quality care, should also apply to telehealth visits. ERIC also appreciates the bill acknowledging a provider's ability to exercise professional judgment to determine the most appropriate treatment for patients on a case-by-case basis." (The ERISA Industry Committee [ERIC])

An Update on Executive Perquisite Trends in the S&P 500
"[P]erk programs have largely evolved into arrangements designed to maximize the efficiency and work/life balance of the executive team, while providing risk mitigation for the company and its investors by providing executives with added security. In an era when the dividing line between personal and business time has become increasingly blurred, the classification of certain benefits as perks, versus a true business need, has become similarly problematic." (Willis Towers Watson)

Stockshield, LLC is Certified for Fiduciary Excellence Centre for Fiduciary Excellence [CEFEX]

BNY Mellon's Pershing Introduces New Independent Recordkeepers to Growing Retirement Plan Network BNY Mellon

MassMutual Enhances The RetireSmart Mobile App for Retirement Plan Savers MassMutual

DOL Finds The Mirage hotel and casino violated Family and Medical Leave Act Employee Benefits Security Administration [EBSA], U.S. Department of Labor

Pacific Life Insurance Company Completes Nonqualified Pension Buy-In De-Risking Transaction Pacific Life

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