Health & Welfare Plans Newsletter

August 14, 2018

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Jobs

Client Solution Advisor
PNC
in PA

Assistant Retirement Plan Administrator
Law Offices of R. David Danziger, P.C.
in NJ, PA

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Gallagher Benefits Services, Inc.
in MA

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Webcasts, Conferences

2018 Group and Worksite Benefits Conference: Shaping the New Benefits Landscape
September 11, 2018 in CT
LIMRA

Health Benefits Laws Compliance Assistance Seminar
September 25, 2018 in NJ
Employee Benefits Security Administration [EBSA], U.S. Department of Labor

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The IRS Wants to Know: Has Your Company Filed Form 1095-C?

"Inquiring minds want to know: how would the IRS ever identify instances when forms were never filed? And what penalties, if any, would the agency attempt to enforce the rules for non-filers? We now have a hint at these answers for employers who did not file ACA tax reporting Forms 1095-C or 1094-C for calendar years 2015 and 2016." Lockton

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Employers Drive Healthcare Change Through Direct Contracting, ACOs, Combatting Opioid Epidemic

"[E]mployers are projecting a 5 percent hike in 2019 for the total cost of providing medical and pharmacy benefits for the sixth consecutive year.... 35 percent of respondents [said] they are implementing alternative payment and delivery models such as accountable care organizations and high performance networks either directly or through their health plan.... 3 percent of respondents in 2018 said they were contracting directly with health systems and providers and that number is slated to grow to 11 percent in 2019." Healthcare Finance News

HHS Addresses Disposing of Electronic Devices and Media Under HIPAA

"HHS's Office for Civil Rights (OCR) has issued newsletter guidance on disposing of electronic devices and media that may contain protected health information (PHI) subject to HIPAA ... The newsletter addresses procedures for securely decommissioning and disposing of devices or media that need to be replaced. In general, these procedures involve either: Destroying the devices or media [or] Removing any confidential or sensitive information stored on the devices or media."
Thomson Reuters Practical Law

How Competitive Are Your Benefits?

"69% of employers offered two or more medical plans to meet the needs of the various demographics within the workforce (baby-boomers, generation X, Y, and Z). 40% offer consumer driven health plans (up from 30% in 2014).... 35% offer paid maternity leave (up from 26% in 2016).... 29% of employers offer paid paternity leave (up from 21% in 2016) ... 70% offer some type of telecommuting (up from 59% in 2014) allowing employees flexibility when choosing their work locations." Hill, Chesson & Woody

Employers Zero In on Grief Benefit Enhancements

"More employers are providing resources to help workers deal with grief ... [A recent study] shows a 9 percentage point increase this year in the number of companies providing paid bereavement leave and a 4 percentage point increase since 2014 in employee assistance programs ... New York, Oregon, and Illinois have even mandated workplace bereavement policies." Bloomberg BNA

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Student Loan Debt: Should Employers Focus on Prevention or Cure?

"Preventative solutions are all about helping employees save proactively for education expenses to avoid debt in the future: [1] Payroll deductions into 529 plans ... [2] Education reimbursement programs ... Solutions focused on the cure: [1] Debt consolidation solutions ... [2] Student loan debt repayment assistance." Voya

Railroads Duck Massachusetts Paid Sick Leave Law

"The federal Railroad Unemployment Insurance Act is the exclusive remedy for rail workers who miss work because of illness or injury, Judge Nathaniel M. Gorton of the U.S. District Court for the District of Massachusetts ruled Aug. 10. Gorton's decision means that railroad employees won't be able to claim benefits under the Massachusetts Sick Leave Law[.]" [ CSX Transp., Inc. v. Healey , No. 15-12865 (D. Mass. Aug. 10, 2018)]
Bloomberg BNA

Insurers Ride Benefits to Higher Profits and Sales

"Falling unemployment, fatter payrolls, tax reform, rising interest rates and the unsettled future of the [ACA] is boosting benefit lines. More consumers are relying on ancillary benefits to fill gaps in primary medical plans. The end result: More sales and higher profits.... Benefit segments performed better at some insurers than at others. But for those companies with benefits business units that performed well, here is a breakout of their respective results compared to the year-ago quarter:" InsuranceNewsNet.com

CMS Did Not Always Accurately Authorize Financial Assistance Payments to Qualified Health Plan Issuers in Accordance With Federal Requirements During the 2014 Benefit Year (PDF)

27 pages. "[OIG] estimated that CMS authorized improper financial assistance payments totaling almost $434.4 million for 461,127 policies that were not in accordance with Federal requirements and authorized potentially improper financial assistance payments totaling almost $504.9 million for 183,983 policies during the 2014 benefit year." Office of Inspector General, U.S. Department of Health and Human Services

Executive Compensationand Nonqualified Plans

Recent SEC Settlement Reinforces Need for Public Companies to Properly Disclose Perks

"On July 2, 2018, the SEC instituted a cease and desist order against The Dow Chemical Company for failing to properly disclose $3 million in perquisites that Dow Chemical provided to its chief executive officer.... Dow Chemical agreed to pay a civil monetary penalty of $1.75 million and to complete certain remedial undertakings.... Dow Chemical's circumstances should remind each public company that it needs to carefully identify and analyze each benefit that it provides to its NEOs to determine whether it requires disclosure as a perquisite." Stevens & Lee

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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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