Health & Welfare Plans Newsletter

September 20, 2018

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Jobs

ESOP Administrator
Blue Ridge ESOP Associates
in VA, Telecommute

Senior Defined Benefit Plan Administrator
MGA / United Retirement
in DC, MD

Director of Compliance and 5500 Services
LT Trust Company
in CO

Director, Client Service
LT Trust Company
in CO

Plan Document Specialist
LT Trust Company
in CO, LA, Telecommute

Pension Compliance Manager
Ascensus
in NC

Defined Contribution Consultant
Aon
in CT, GA, MO, NC, NJ, PA

Retirement Plan Compliance Analyst QKA
Newport Group
in AL, AZ, CA, DC, FL, IA, IL, KS, MD, MN, MO, NC, NY, TX, VA, WI

Relationship Manager / Consultant
The Retirement Plan Company [TRPC]
in OR

Plan Administration Manager
Southern Pension Services
in FL

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Webcasts, Conferences

Health Care in the Courts
September 25, 2018 WEBCAST
Alliance for Health Policy

Advanced HSAs
October 23, 2018 WEBCAST
Ascensus

Health Savings Accounts (HSAs): Compliance Obligations Under the Internal Revenue Code and ERISA
November 28, 2018 WEBCAST
Lorman Education Services

?See 100 Upcoming Webcasts and Conferences

?See 1387 Recorded Webcasts


Discussions

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[Guidance Overview]

New Jersey Department of Labor Releases Proposed Paid Sick Leave Regulations

"While other states omitted exempt employees from the scope of their paid sick leave laws, the NJPSLA does not.... [E]mployers may limit advanced paid sick leave usage until 120 calendar days have elapsed from an employee's date of hire.... The NJPSLA requires an employer to maintain records of employee hours worked and paid sick leave utilized for a 5-year period. The Regulations clarify the obligations ... the Regulations permit an employer to meet the conspicuous-posting requirement with an internet or intranet site available to employees." Jackson Lewis P.C.

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Health Care Spending Under Employer-Sponsored Insurance: A 10-Year Retrospective

"[T]otal enrollee spending (not including premiums) on health care goods and services increased by 44 percent over the decade -- from $3,752 to $5,394 per person -- which was an average annual increase of 4.1 per cent. They also observed that growth rates slowed after 2009 but increased between 2014 and 2016." Health Affairs

Ninth Circuit: ERISA Does Not Preempt Third Party Providers' Unfair and Deceptive Business Practice Claims Against Health Insurer

"[W]ith respect with the Providers' claim that GHC employed its own psychotherapists in order to apply GHC's guidelines and discourage patients from seeking treatment from rival practitioners, the Court explained that this claim concerned GHC's independent legal duties as an employer of psychotherapists which existed 'whether or not GHC administered any health benefit plans at all, let alone any ERISA plans.' Accordingly the Court ruled, this claim arose from GHC's duty to refrain from unfairly harming its competitors under state law, not ERISA." [ Hansen v. Group Health Cooperative , No. 16-35684 (9th Cir. Sep. 4, 2018)]
Robinson & Cole LLP

For Open Enrollment, Communications Get Social

"[1] Survey your employees. Is social media right for them? Will they want to participate? And if so, via which channels? [2] Select the platforms that make the most sense for your employees.... [3] Be upfront regarding the content you'll share.... [4] Craft a company social media policy that defines appropriate content and conduct.... [5] Consult with your legal team to draft a terms of agreement and privacy policy that communicates how the company will use any data it collects through social media.... [6] Gather your gatekeepers." Society for Human Resource Management [SHRM]

Proposed Legislation Would Expand HSAs

"[T]he 'Restoring Access to Medication and Modernizing Health Savings Accounts Act' [ H.R. 6199 ] ... would allow people to participate in direct primary care arrangements (DPCAs) and remain eligible to maintain an HSA as long as the DPCA's monthly fee doesn't exceed $150 for individuals or $300 for families.... [E]mployers would be allowed to offer various free or discounted medical services, either onsite or at a retail clinic, to employees without jeopardizing employees' HSA eligibility.... [T]he 'Increasing Access to Lower Premium Plans and Expanding Health Savings Accounts Act' [ H.R. 6311 ] ... proposes raising contributions from $3,450 to $6,650 for individuals and $6,900 to $13,300 for families, practically doubling the limit."
DataPath

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Editor's Pick The Changing Landscape of Out-of-Network Reimbursement (PDF)

"Payers relying on older OON reimbursement methodologies are likely overpaying, considering the persistent increases in billed charge trends, while those that have adopted a much more aggressive strategy may face backlash from members or providers seeking legal action as well as unfavorable media attention. To avoid these unfavorable outcomes, it is important to evaluate the methodology used for setting OON reimbursement levels and to identify savings opportunities." Milliman

HHS Announces Collaboration to Accelerate Innovation and Investment in Healthcare

"[HHS] Deputy Secretary Eric Hargan announced the creation of the Deputy Secretary's Innovation and Investment Summit (DSIIS). The DSIIS will be a yearlong collaboration between healthcare innovation and investment professionals and HHS personnel who will meet quarterly to discuss the innovation and investment landscape within the healthcare sector, emerging opportunities, and the government's role in facilitating more investment and accelerated innovation." U.S. Department of Health and Human Services [HHS]

[Opinion]

Obamacare: How the GOP Fixed the Worst of It

"The Congressional Budget Office has estimated that the flight of healthier enrollees from the exchange resulting from short-term insurance deregulation would only cause premiums for unsubsidized wealthier enrollees with pre-existing conditions to increase by 2 to 3 percent. That impact essentially has been canceled out by the recent suspension of the ACA's Health Insurance Tax. By better focusing subsidies on the small pool of individuals with pre-existing conditions, allowing those who can to seek cheaper unsubsidized insurance elsewhere likely may have saved taxpayers money, too." Manhattan Institute

Selected Discussionson the BenefitsLink Message Boards

Hurricane Florence 5500 Extension for Plans If TPA Not in Affected Area

Does anyone know if the hurricane extension applies to a TPA firm that is preparing the 5500 if they are in the declared disaster area? BenefitsLink Message Boards

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David Rhett Baker, J.D., Editor and Publisher
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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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