Health & Welfare Plans Newsletter

June 18, 2018

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Appeals Court Finds Insurers Not Entitled to Risk Corridor Payments

"The court agreed with the Trump administration that insurers are not owed any money, because congressional Republicans passed legislation that required the program to be budget neutral.... Dozens of other insurers have filed similar lawsuits over the risk corridors. All told, insurers say the government owes them nearly $12 billion." [ Moda Health Plan, Inc. v. U.S. , No. 2017-1994 (Fed. Cir. June 14, 2018)]
The Hill

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ACA Lawsuit Could Have Spillover Effect on Employer-Provided Health Plans

"[If] the Texas lawsuit is successful, it could ... put a squeeze on the support system and affordability of employer-provided insurance, particularly those employers with 50 or fewer workers.... [As] 130 million U.S. adults under age 65 have a health issue that could be considered as pre-existing, particularly if they were to apply for new health insurance or have a lengthy coverage gap between jobs." Winston-Salem Journal

Following Repeal of the Individual Mandate, Twenty States Challenge the ACA

"Attorney General Jeff Sessions delivered a letter to House Speaker Paul Ryan on June 7, 2018, indicating that the Attorney General's Office, with approval from President Trump, will not defend the constitutionality of the individual mandate ... While the merits of the litigation appear to be dubious, it nonetheless represents a mortal threat to the ACA and its popular protections for pre-existing conditions." Sheppard Mullin

HHS Secretary Pressed by Senate Committee on Administration's Drug Pricing Plan

"[HHS Secretary Alex Azar] outlined the strategies in the President's blueprint and argued, 'We have begun to take action on each of them already.'... He cited creating incentives for lowering list prices set by drug companies, better negotiating for Medicare Part B and D, stopping drug companies who are unfairly blocking competition, and curbing out-of-pocket costs by ensuring that patients pay the lower-cost drug option." HealthLeaders Media

Healthcare's Next Cost Challenge: Tackling Rising Fees by Providers and Facilities

"The annual rate of growth in employer medical costs has plateaued at about 6%, which is half the rate of growth seen a decade ago, thanks largely to the rise of high-deductible health plans. However, squeezing cost reductions from reduced utilization that come with high-deductible plans may have played itself out, ... which means that employers and health plans looking to slow cost growth will have to focus on medical pricing." HealthLeaders Media

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Avoid Major Losses: Address Mental Health with Your Employees

"[T]he U.S. economy loses around $1 trillion per year in lost productivity due to mental health disorders and illnesses.... Endorse a safe space without stigmas and discrimination ... Help employees identify mental health risks ... Take an all-inclusive approach to promoting mental health." HR Daily Advisor

Fifth Circuit Rules in Favor of Life Insurance Beneficiary Based on Expert Report Insurer Failed to Disclose During Claims Process

"[T]he Fifth Circuit was troubled that LINA withheld an expert report that it commissioned during the claims process and violated ERISA Regulations by failing to disclose the report to the beneficiary. This fact appeared to tip the scale in favor of the beneficiary. The message to insurance companies should be loud and clear: It doesn't pay to hide the ball." [ White v. Life Insurance Company of North America , No. 17-30356 (5th Cir. June 13, 2018)]
Kantor & Kantor

Unwieldy Health Costs Often Stand Between Teachers and Fatter Paychecks

"Many teachers ... have traditionally accepted a trade-off: In exchange for relatively low salaries, they could expect relatively generous benefits, including pensions and low- or no-cost health premiums. But in an era of $100,000-a-year drugs and government budget cuts, school districts are struggling to find the money to keep up their end of the bargain ... Many cash-strapped school boards, cities and legislatures view health care benefits as an unpredictable budget-buster." Kaiser Health News

Benefits in General

Do Your Benefit Plan Provisions Match Your Actual Practice?

"[If] the plan document reserves the right to amend to the plan sponsor's board of directors and in actual practice amendments are routinely executed by an individual or administrative committee, this may call into question the validity of any amendments so executed[.]" Baker McKenzie

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David Rhett Baker, J.D., Editor and Publisher
Holly Horton, Business Manager

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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