Health & Welfare Plans Newsletter

May 25, 2018

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Webcasts, Conferences

Mental Health Parity and Compliance Complexities
June 1, 2018 WEBCAST
McDermott Will & Emery LLP

All About Leave: From FMLA Requests to Benefits Plans and ADA Obstacles in Between
June 15, 2018 in FL
Ogletree Deakins

Intro to Employee Benefits in M&A
June 27, 2018 WEBCAST
Worldwide Employee Benefits Network [WEB]

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[Guidance Overview]

How the 2019 ACA Affordability Increase to 9.86% Affects Employers

"The 2018 federal poverty line for a single individual in the continental U.S. is $12,140. Accordingly, for calendar plan years, the 2019 federal poverty line affordability safe harbor applies where the lowest possible employee contribution for the major medical plan does not exceed $99.75." ABD Insurance & Financial Services

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[Guidance Overview]

Proposed Rules Clarify MHPAEA Requirements

"[T]he proposed FAQs, if finalized, provide some clarity around the treatment [of] acute physical injuries that are a result of mental health conditions.... As long as the terms of the plan are consistent with federal and State law, then if the plan views the treatment as an MH/SUD benefit, then that's how the DOL will view it." HUB International

[Guidance Overview]

New York City Earned Sick Time Act Updates Take Effect: New Policies and Notices to Employees Required

"The new law allows employees to use paid time off under the law for 'safe time' in addition to sick time.... Employees can use safe/sick time not only for their own needs, but also if their family member needs care or is the victim of certain offenses.... The 'Notice of Employee Rights' issued by the NYC Department of Consumer Affairs (DCA) ... has been updated to reflect the recent changes.... [T]he law requires that all employees, even those who have previously received a Notice, receive the updated Notice by June 4, 2018." FordHarrison

SEC Issues Investor Bulletin for HSAs

"[The May 18, 2018] Investor Bulletin was [the SEC's] attempt to explain how HSAs operate and outline what people should be aware of when they make contributions to an HSA. Investor Bulletins are neither legal interpretations nor statements of SEC policy."
Employers Council on Flexible Compensation [ECFC]

Facts About Medicare That All Employers Should Know

"[1] For most health plans, Medicare will take on the role of the 'Secondary Payer,' while your health plan will be the 'Primary Payer.' ... [2] For employers with less than 20 employees, Medicare will generally act as the Primary Payer for Medicare-entitled employees.... [3] [If] an employee's spouse receives coverage through your plan as a dependent, and the spouse retires but the employee continues to work, your plan will typically act as the Primary Payer for the retired spouse, and Medicare will be the Secondary Payer." HR Daily Advisor

[Advert.]

Employee Health, Benefits, & Well-Being Congress | July 30-31

Sponsored by World Congress

Who is moving the needle on employee health care? This event convenes HR, benefits, and wellness executives, TPAs, Brokers, Payers, and Providers to learn and discuss strategies to enhance employee health and improve outcomes while reducing costs.


Rising Birth Rate Among Older Women Highlights Importance of IVF Coverage

"While 56% of employers with 500 or more employees cover some type of infertility service, only about a quarter (26%) cover in vitro fertilization (IVF) ... Prevalence of all types of infertility treatment coverage is higher among the largest employers (those with 20,000 or more employees).... [T]he average salary is almost $20,000 higher for the employers that cover IVF than for those that don't." Mercer

Kentucky's New Telehealth Law Expands Insurance Coverage and Reimbursement

"Kentucky Governor Matt Bevin signed SB 112 into law on April 26, 2018, imposing both telehealth coverage and payment parity requirements for Kentucky Medicaid, Medicaid managed care organizations, and commercial health plans in the Bluegrass State. The law is effective July 1, 2019.... [T]he statute mandates both coverage and payment parity." Foley & Lardner LLP

Prescription Drug Monitoring Programs (PDF)

"The available evidence suggests that [prescription drug monitoring programs (PDMPs)] can be effective in reducing the time required for drug diversion investigations, changing prescribing behavior, reducing 'doctor shopping,' and reducing prescription drug abuse. Assessments of effectiveness should also take into consideration potential unintended consequences of PDMPs, such as limiting access to medications for legitimate use or pushing drug di version activities over the border into a neighboring state. Experts suggest that PDMP effectiveness might be improved by increasing the timeliness, completeness, consistency, and accessibility of the data." [Report R42593, May 24, 2018] Congressional Research Service [CRS]

Why Your Health Insurer Doesn't Care About Your Big Bills

"About 1 in 5 is currently being pursued by a collection agency over medical debt. Health care costs repeatedly top the list of consumers' financial concerns. Experts frequently blame this on the high prices charged by doctors and hospitals. But less scrutinized is the role insurance companies -- the middlemen between patients and those providers -- play in boosting our health care tab. Widely perceived as fierce guardians of health care dollars, insurers, in many cases, aren't. In fact, they often agree to pay high prices, then, one way or another, pass those high prices on to patients -- all while raking in healthy profits." ProPublica

States' Motion to Intervene Granted in Challenge to ACA's Constitutionality

"The District Court of the Northern District of Texas granted the motion of seventeen states to intervene ... The plaintiffs contend that the amended ACA is no longer protected from constitutional attack since the Tax Cuts and Jobs Act of 2017 eliminated the tax for failure to comply with the individual mandate. The proposed intervenor states entered their motion to intervene to protect their distinct fiscal, economic, sovereign, and quasi sovereign interests in the ACA and this case." Wolters Kluwer; free registration may be required

Monetary Incentives Work Best in Getting People to Quit Smoking

"[S]moking cessation aids such as patches, gum or e-cigarettes offered for free in corporate wellness programs are not particularly effective in getting employees to quit. Financial incentives fared best in doing so. The study looked at 6,000 participants across 54 US-based companies ... This study stands apart from other smoking cessation studies in that it was aimed at smokers in the workplace at large rather than just those who had indicated interest in trying to quit." Vitality

Benefits in General

[Official Guidance]

Text of IRS Notice 2018-42: Update of 2018 Standard Mileage Rates Notice (PDF)

"Public Law 115-97 suspends all miscellaneous itemized deductions that are subject to the two-percent of adjusted gross income floor under Section 67, including unreimbursed employee travel expenses. This suspension applies to taxable years beginning after December 31, 2017, and before January 1, 2026. Thus, the business standard mileage rate listed in Notice 2018-03 cannot be used to claim an itemized deduction for unreimbursed employee travel expenses during the suspension." [Also see the IRS news release at IR-2018-127 .]
Internal Revenue Service [IRS]

HSAs: Untapped for Retirement

"Beyond today's benefits, HSAs can be used for medical expenses in retirement.... Those costs are projected to soar for retirees, requiring up to 59 percent of what a couple receives from Social Security. While the potential benefits may inspire investors to save with their HSAs, there are also a few drawbacks." American Century Investments

Executive Compensationand Nonqualified Plans

Two Cheers for Deferred Taxation of Qualified Equity Grants

"With a qualified equity grant, an employee can elect to defer income taxes -- but not FICA -- for up to five years from when compensation would have otherwise been included in income.... So qualified equity grants are more attractive to companies expecting to be sold or go public in five years." Miles & Stockbridge

Six CEO Pay Packages That Explain Soaring Executive Compensation

"This year, thanks to a rule in the 2010 Dodd-Frank banking regulation law, publicly traded corporations in the United States had to begin comparing the pay of their chief executives to the median compensation of other employees at the company. The results ... were predictably striking. Here are six pay packages that stand out." The New York Times; subscription may be required

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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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