Health & Welfare Plans Newsletter

November 12, 2018

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BCG, Inc
in NJ

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Actuarial Data Inc.
in PA

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UC Davis Medical Center
in CA

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Capital Retirement Plan Services, Inc
in PA

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OneAmerica
in IN

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[Guidance Overview]

Editor's Pick Final Regs Clarify Religious and Moral Exemptions from Contraceptive Coverage Mandates

"The main changes over the previous interim final rules [include]: ... [1] Allow insurers to rely, in good faith, on a representation made by an objecting entity that they qualify to use the accommodation process; ... [2] Clarify that the exemption applies only to the items that an entity objects to (such that an entity that objects to some contraceptives must still cover those it does not object to); [3] Clarify that a group health plan and insurer can offer a separate policy without contraceptives even if an individual only objects to some (but not all) coverage of contraceptives; and [4] Confirm that group health plans must still comply with the contraceptive requirement even when their insurer objects to providing this coverage." Katie Keith, in Health Affairs

[Advert.]

Health Savings Accounts (HSAs): Compliance Obligations Under the Internal Revenue Code and ERISA

Sponsored by Lorman and BenefitsLink

Nov. 28 webinar. Although HSAs have numerous tax advantages, it is easy to inadvertently fail to satisfy the requirements. This webinar will help health plan administrators navigate this sometimes treacherous terrain. BenefitsLink discount .


Final Rules Address Religious and Moral Exemptions for Contraceptive Coverage

"After sifting through approximately 100,000 public comment submissions, HHS, the DOL, and the IRS finalized two rules aimed at detailing exemptions and accommodations for 'religious beliefs' and 'moral convictions' with respect to certain contraceptive coverage under the [ACA]. Elements of each rule are summarized in [a table]. Categories of entities exempt from providing mandated coverage for contraceptives to which they object are [also listed]." Compliance Dashboard

COBRA Notice Penalties Awarded in FMLA/Leave of Absence Litigation

"A federal district court has concluded that a change in the payment method of health insurance premiums can constitute a loss of coverage in determining whether an employee has experienced a qualifying event under [COBRA]. The court therefore held that the employer failed to satisfy COBRA's notice obligations, but that it did not breach its fiduciary duties under ERISA. The court awarded the employee compensatory damages, statutory penalties, and attorney's fees." [ Morehouse v. Steak N Shake, Inc. , No. 16-789 (S.D. Ohio, Nov. 6, 2018)]
Thomson Reuters Practical Law

How to Max Out Millennial Enrollment

"The younger workers are much more likely than their Generation X and Baby Boomer colleagues to prefer speaking to a benefits advisor in person or on the phone.... [W]orkers of all ages -- but especially younger millennials -- are crying out for a simple, modern and personal way to understand and enroll in their benefits. You can help meet that need with the right mash-up of high-tech and high-touch tools and strategies." InsuranceNewsNet.com

Jury Pins Aetna with $25.5M Verdict for Denying Cancer Treatment

"Aetna acted in bad faith by denying a patient life-saving cancer treatment that could have saved her life, a jury in the Oklahoma County District Court ruled ... Aetna's nurses and 'medical directors' who presided over the appeals, none of whom specialized in radiation oncology, 'were medically unqualified to make a good faith decision,' plaintiffs argued. Moreover, Aetna pays its 'medical directors' bonuses for increasing the company's profits by denying claims, the brief says. Aetna ultimately made Cunningham pay $92,082 for the PBT treatment -- a bill she and her husband had to mortgage their home to pay." FierceHealthcare

Something Happened to U.S. Drug Costs in the 1990s

"Several factors could be at play in America's spending surge. One is the total amount of prescription drugs used.... Americans use prescription drugs for 12 percent fewer days per year than their counterparts in other wealthy countries.... Prices are a lot higher for brand-name drugs in the United States because we lack the widespread policies to limit drug prices that many other countries have." The New York Times; subscription may be required

Top 10 HSA Providers: Morningstar 2018 Assessment

"Transparency remains low for many of the top HSA providers ... Investment menu designs have improved, with several plans ... reducing investment menu overlap or adding core investment options.... Fees vary across HSA plans but remain elevated.... [T]he average cost for passive funds ranges from roughly 0.30% to 0.75% per year, and the average for active funds from about 0.80% to 1.20%. Eight of the 10 plans require investors to keep $1,000 or $2,000 in a checking account before they can invest, which can create an opportunity cost." Morningstar

The Impact of Health Status and Use of Health Care Services on Disenrollment From HSA-Eligible Health Plans

"Overall, 5 percent of HSA-eligible health plan enrollees in 2013 and 2014 switched to a different type of health plan in 2014 and 2015.... There is evidence that individuals who disenrolled from HSA-eligible health plans were more likely to have certain health conditions than those who remained enrolled in the HSA-eligible health plan.... Individuals with multiple conditions were even more likely to disenroll.... Individuals with claims related to childbirth were twice as likely as those with no health conditions to disenroll from HSA-eligible health plans." Employee Benefit Research Institute [EBRI]

Attributing Medical Spending to Conditions: A Comparison of Methods

"[The authors] develop a new method to attribute spending to conditions using propensity score models [and] compare the claims attribution approach to the regression approach and [the] propensity score stratification method in a common set of beneficiaries ... [E]stimates show that the three methods have important differences in spending allocation and that the propensity score model likely offers the best theoretical and empirical combination." National Bureau of Economic Research [NBER]; purchase required for full document

Benefits in General

Public-Sector Employees Want Customized Benefits

"Millennials ... currently comprise only 25% of [the public sector] workforce.... 80% of Millennials find career development, advancement opportunities and on-the-job training important and say these factors would increase their loyalty towards their employer. Only 29% of public-sector Millennial employees have access to financial planning tools, whereas 42% of total Millennials employees have such access." PLANSPONSOR

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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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