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Mid-Atlantic Pension Specialists, Inc.
in PA

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Freedman Benefits Group
in MI

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Altigro Pension Services, Inc.
in NJ

Senior Plan Administrator
My Benefits, LLC
in GA

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IRS Releases FAQs on Paid Family and Medical Leave Credit

"[E]mployers who are interested in utilizing this credit should ensure that they have a written leave policy that satisfies the requirements under section 45S. Employers should also consider what impact claiming the credit for family and medical leave will have on the other deductions and credits the employer is already taking, and employers should only take the credit if they are in a better overall tax position.... Unless Congress passes an extension, the credit will only be available for the 2018 and 2019 tax years."
McDermott Will & Emery

Employee Benefits Symposium

Plan now to attend in Boston from August 26-29, 2018! Solution-oriented workshops, discussions, case studies and strategic sessions offering practical, timely takeaways are designed with your professional needs in mind.

Seattle Proposes Revisions to Its Paid Sick and Safe Time Rules: Some Are Controversial

"The rule defining the rate of pay for paid sick leave has been modified and reopened for public comment. As originally proposed, the rate of pay for PSST, known as 'normal hourly compensation,' would have included holiday pay and premium pay. Under the new proposal, the definition of normal hourly compensation will align with state law to include differentials, however holiday pay and premium pay would be excluded." Davis Wright Tremaine LLP

Insurers Not Owed Risk Corridor Payments

"The Federal Circuit concluded that Section 1342 does obligate the government to make full risk corridors payments. However, this obligation was temporarily suspended by subsequent appropriations riders that required HHS's risk corridors payments to be budget neutral (meaning that HHS could pay out no more than it received in risk corridors payments). The court found that Congress intended to cap risk corridors payments in this way via the appropriations process, even though it did not amend the underlying statute, Section 1342." [ Moda Health Plan, Inc. v. U.S. , No. 2017-1994 (Fed. Cir. June 14, 2018)]
Katie Keith, in Health Affairs

Employer's Endorsement of Long-Term Disability Policy Created ERISA Plan

"[T]his insurer sought to avoid state-law claims... [T]he employer was not a party to the lawsuit.... [T]he court did not address whether the employer believed its program qualified for the voluntary plan safe harbor or complied with ERISA. Nevertheless, the case serves as a warning to employers seeking to avoid the application of ERISA to these types of arrangements[.]" [ Stolebarger v. Prudential Ins. Co. of Am. , No. 17-6161 (N.D. Cal. May 18, 2018)]
Thomson Reuters / EBIA

Ninth Circuit Reverses Denial of Mental Health Parity Residential Treatment Claim

"The Ninth Circuit's decision is consistent with other recent cases decided under the mental health parity interim final regulations. The final regulations resolve the issue with an example that specifically presents residential treatment centers as the mental health analog to skilled nursing facilities for medical treatment, and the agencies continue to release guidance reiterating that treatment limitations based on facility type are subject to the parity analysis[.]" [ Danny P. v. Catholic Health Initiatives , No. 16-35609 (9th Cir. June 6, 2018)]
Thomson Reuters / EBIA

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

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.

Third Circuit Addresses Anti-Assignment Clauses and Powers of Attorney in ERISA-Governed Health Insurance Plans

"[W]hile a win for insurers, American Orthopedic does not represent a major departure in the state of the law governing the enforceability of anti-assignment clauses.... [T]he court recognized that such clauses could be waived through an extended course of dealing.... [The] court concluded that such clauses would not prevent a patient from granting a limited power of attorney to the health care provider to assert that claim on the patient's behalf." [ American Orthopedic & Sports Medicine v. Independence Blue Cross Blue Shield , No. 17-1663 (3d Cir. May 16, 2018)]
K&L Gates

Recent Cases Highlight Importance of Anti-Assignment Provisions

"The cases allude to a few ways that may improve the enforceability of (but are not necessarily required to enforce) an anti-assignment provision: [1] Include the language in both the plan document and the summary plan description (if they are not one and the same). [2] Explicitly indicate that the language applies to healthcare providers. [3] Specify that any attempted assignment is void or invalid if performed without the plan's consent and that the plan will not recognize any such assignment." Morgan Lewis

Insurer's Payment of Reduced Benefit Not a Fiduciary Breach

"[An] insurance company did not breach its fiduciary duty under ERISA when it paid an insured's widow only half of the amount of life insurance coverage for which the decedent had paid premiums.... [T]he Fourth Circuit held that the insurer had no fiduciary duty to notify the insured that he had not satisfied the evidence of insurability requirement needed for supplemental benefits beyond the guaranteed amount because that task was solely the responsibility of the employer." [ Gordon v. CIGNA Corp. , No. 17-1188 (4th Cir. May 15, 2018)]
The Wagner Law Group

How HR Professionals Can Help Employees Choose the Right Health Plan

"[1] Have a defined communication plan based on your employee population. [2] Work collaboratively with your benefits consultant because... the process of picking and choosing a benefits plan that is both cost effective and high quality has become an incredibly specialized field. [3] Start the conversation early about health plan choices and how to evaluate plans. [4] Help employees make the right decision for their situation by offering dedicated one-on-one and group time, either virtually or in person, for employees to ask questions. [5] Provide education year-round about how to not only select plans but also best utilize the plan chosen." HR Daily Advisor

Using Your Health Savings Account

"You are not required to take funds out of your HSA at the time that a qualified expense occurs. You can leave that money in your HSA and, as long as you keep your receipts showing that you paid for those qualified expenses, you can wait to reimburse yourself for that expense at any time in the future, even if you are no longer covered by an HDHP when you decide to reimburse yourself." United Benefit Advisors

House Committee Considers HDHP/HSA Enhancements (PDF)

"[T]he House Ways and Means Committee's Subcommittee on Health held a hearing focusing on ways to improve access to and increase flexibility in establishing HSA-compatible, high-deductible health plans. While Congress is not likely to act on these proposals before mid-term elections in the fall, they could ultimately propel future legislation on this topic." Conduent

Physician Groups Wade Into Latest ACA Legal Battle

"Physicians are siding with the [ACA], and Democrats, in a lawsuit brought by GOP state leaders and supported by the Trump administration.... Groups on the amicus brief include the American Medical Association, the American Academy of Family Physicians, the American College of Physicians, the American Academy of Pediatrics, and the American Academy of Child and Adolescent Psychiatry. They argued that Republican attorneys general lacked standing because they could not prove their states had suffered harm or injury from the ACA." FierceHealthcare

Chaotic Rollout for European Data Privacy Regs Raises Questions for Benefit Plan Administrators

"GDPR's obligations could be triggered ... if information is processed while a U.S. participant is travelling in the European Union... Some basic steps that could be taken to comply include determining whether the plan covers any individuals who are located in the European Union, determining whether the plan possesses any data that it does not need to provide benefits, and possibly blocking European IP addresses from accessing plan websites without consent ... US benefit plan data controllers and processors may begin to see GDPR-related privacy agreement requests from EU entities." Groom Law Group

BenefitsLink Announces 'Simple Search' Engine -- Easier to Use, Better Results

Now easier and greatly improved -- our Simple Search engine quickly finds answers for you, intelligently parsing 20+ years of expertly curated links about benefit plan compliance, administration and design. Just enter a word, phrase or sentence in the box at the top right side of the menu of any web page and click the button. You'll get many more matches than before. No special syntax is needed; it basically works like Google. And you can bookmark this new page for easy access on your web browser:
https://benefitslink.com/simple-search
BenefitsLink

Press Releases

Financial Advisors Suspect Abuse Of Older Investors On A Regular Basis Insured Retirement Institute [IRI]

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