Health & Welfare Plans Newsletter

January 25, 2018

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Jobs

Pension Trust Admin Supervisor
Associated Pension Consultants
in CA, Telecommute

Compliance Consultant
Newport Group
in CA

Product Support Specialist
ftwilliam.com part of Wolters Kluwer Legal & Regulatory
Telecommute

Actuarial Associate, EA
Acuff & Associates, Inc.
in TN

Sales Director, USA
AHC
Telecommute

Retirement Plan Administrator
Northeast Professional Planning Group, Inc.
in NJ

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Remember February Deadline for HIPAA Breach Reporting
"While breaches involving 500 or more individuals must be reported no later than 60 calendar days from the date of discovery, breaches involving less than 500 individuals can be documented throughout the course of the year and submitted 60 days after the end of the calendar year.[1] This means that covered entities have until February 28, 2018 to complete their annual breach reporting obligations."
Husch Blackwell

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Will Deductible-Free Vasectomies Neuter HSAs in Maryland?
"On May 10, 2016, Maryland approved the Contraceptive Equity Act ... [which] require[s] Maryland's health insurers to cover vasectomies without charging deductibles, effective January 1, 2018.... An HSA (offered in tandem with a high deductible health plan) must have minimum deductibles for coverage, other than preventive care. And there's a list of what counts as preventive care. Guess what's not on the list?"
Miles & Stockbridge

Notice Sent to Employee's Old Address Satisfied COBRA Requirements
"A COBRA notice sent to a former employee's old address satisfied the requirements of ERISA Sec. 606 because the old address was the only one, at the time, that the former employer had on file, according to the [court]. The former employee's COBRA claim was dismissed ... along with his claims for Family and Medical Leave Act (FMLA) violations, negligent infliction of emotional distress, and wrongful termination." [ Foruria v. Centerline Drivers, LLC , No. 16-328, (D. Id. Nov. 6, 2017)]
Wolters Kluwer Law & Business

Senate Confirms Alex Azar as HHS Secretary
"A 50-year-old Ivy League-educated lawyer, Azar says he has four main priorities for [HHS}: [1] help curb the cost of prescription drugs; [2] make health insurance more affordable and available; [3] continue bipartisan efforts to focus Medicare payments on quality; and [4] confront the opioid addiction epidemic."
InsuranceNewsNet.com

2018 Healthcare Trends
"The constant demand for the latest and greatest in technology could have the greatest impact on healthcare in 2018. Innovations in digital technology are spurring a rise in data management and improving the delivery of medical care."
DataPath

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TIAA Expands Paid Parental Leave
"The policy became effective Jan. 1, giving all new parents at the New-York based firm -- regardless of gender, physically birthing the child or who the primary or secondary caregiver is -- access to 16 weeks of paid leave.... The company expects 350 to 400 of its 12,000 eligible employees will use these benefits in any given year[.]"
Employee Benefit News

Idaho to Insurers: Give Us Plans That Don't Follow ACA
"The Idaho plan would make it possible for insurance companies to offer cheaper plans that might be more attractive to people who have to buy their own insurance and do not benefit from the federal premium subsides offered under the [ACA]. The catch is that those plans would be skimpier.... Whether the state can legally follow through on its proposal is an open question."
InsuranceNewsNet.com

Apple Adds Medical Records Feature for iPhone
"The feature is to become part of Apple's popular Health app. It will enable users to transfer clinical data -- like cholesterol levels and lists of medications prescribed by their doctors -- directly from their medical providers to their iPhones, potentially streamlining how Americans gain access to some health information."
The New York Times; subscription may be required

[Opinion]

Maintaining State Authority Is Critical for Association Health Plans
"Given historically minimal federal oversight of AHPs, maintaining broad state authority to regulate AHPs will be critical to protecting consumers, providers, and health insurance markets. But under the proposed regulation, questions remain about how far a state could go in regulating AHPs without running afoul of federal standards."
The Commonwealth Fund

Benefits in General

[Official Guidance]

Text of Instructions for IRS Form 2848: Power of Attorney and Declaration of Representative (PDF)
Jan. 23, 2018. "A checkbox has been added to line 5a to allow the taxpayer to authorize the designated representative(s) to access the taxpayer's IRS records via an Intermediate Service Provider.... The designation of Student Attorney or CPA has been changed to Qualifying Student.... When a representative with a Power of Attorney calls the IRS on your behalf, they must pass authentication procedures prior to the IRS speaking to them about your tax information."
Internal Revenue Service [IRS]

Supreme Court Shows Interest in ERISA Case Addressing Simultaneous Claims for Benefits and Fiduciary Breach
"On January 22, 2018, the U.S. Supreme Court requested the Solicitor General's opinion on whether a plaintiff can simultaneously bring a claim for benefits and a claim for breach of fiduciary duty under [ERISA]. A request for the view of the Solicitor Generally typically indicates the court's interest in hearing a case." [ Strang v. Ford Motor Co. General Retirement Plan , No. 16-2090 (6th Cir. May 19, 2017; cert. pet. filed Oct. 5, 2017)]
Greensfelder

For Benefit Platforms, Employers Pick User Experience Over Cost
"The most valuable outcomes employers have found in their experience with benefits administration platforms are best-in-class employee user experience (49 percent) and the ability to integrate benefits technology with HR functions (37 percent).... Only 23.9 percent of employers cited [cost] as most important in 2017, down from 64.4 percent in 2016."
Society for Human Resource Management [SHRM]

DOL Announces April 1, 2018 Applicability Date for Disability Benefit Claims Procedures
"[It] is imperative for employers to work with their insurance carriers, third party administrators, and attorneys to ensure that all underlying disability plans/benefits and associated documentation (including any ERISA wrap plans, Code section 125 cafeteria plans, and claims denial forms) are reviewed and updated to ensure legal compliance with the requirements for claims filings beginning after April 1, 2018."
Fraser Trebilcock

EBRI 2017 Health and Workplace Benefit Survey
"60 percent of workers report that health insurance is extremely important when considering whether to stay in or choose a new job, whereas only 42 percent report that a retirement savings plan is extremely important.... [A] majority of workers (55 percent) describe the health care system as poor (25 percent) or fair (30 percent).... [J]ust 22 percent are extremely or very satisfied with the cost of their health insurance plan[.]"
Employee Benefit Research Institute [EBRI]

Executive Compensationand Nonqualified Plans

[Guidance Overview]

Tax Cut and Jobs Act Adds Significant New Tax on Exempt Organizations
"The Act added new Code Section 4960, which imposes a 21% excise tax on any tax-exempt organization that pays remuneration to an employee that exceeds $1 million in a tax year ('4960 Tax').... [O]rganizations must determine ... [1] Is my organization subject to the 4960 Tax? ... [2] Which employees does the 4960 Tax affect? ... [3] How do I calculate remuneration for purposes of the 4960 Tax? ... [4] Who is liable for the 4960 Tax? ... [5] What is an excess parachute payment?"
Nixon Peabody LLP

Executive Comp Performance Metrics Will Change Under Tax Reform
"As a first step, carefully model the multi-year effect on earnings, especially when earnings in one year are depressed by tax reform and then artificially lifted in the year after. When contemplating adjustments to as-reported financial results, best practice is to set a principle and follow the principle consistently regardless of whether it helps or hurts incentive payouts in any given year. We expect that most companies using after-tax performance measures will back out the earnings effect of the tax cut on after-tax measures."
Financial Executives International Daily

Selected Discussionson the BenefitsLink Message Boards

H&W Plan Administration: Can We Inquire as to Gender of Employee and Dependents?
Is there any prohibition on the employer or a TPA asking for an employee's or their dependent's gender when enrolling them in group benefit plans similar to the prohibitions on asking for gender on job applications? I understand that one can't deny benefits because of gender.
BenefitsLink Message Boards

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Press Releases

Martin Pippins Tapped for Key ACOPA Roles American Retirement Association

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BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2018 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.

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