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Health & Welfare Plans Newsletter

July 8, 2022

Seventh Circuit Clarifies Employer Liability for Interference with FMLA Rights

"The Seventh Circuit Court of Appeals recently issued an opinion clarifying when an employer may be held liable for interfering with its employees' rights to take leave under the [FMLA]. This opinion is a reminder of the importance of employers providing adequate and accurate information about the FMLA to their employees and making the process for obtaining FMLA leave as straightforward as possible." [ Ziccarelli v. Dart , No. 19-3435 (7th Cir. Jun. 1, 2022)]   MORE >>

Smith, Gambrell & Russell, LLP

Issue Spotting for Health Plans After Dobbs: More Questions Than Answers

"Sponsors of plans that do not explicitly address coverage for abortion-related services might consider amending their plans to clearly exclude or provide such coverage.... Sponsors wishing to continue or expand abortion coverage may do so in a number of ways, but they should be mindful of the many considerations involved. [1] Access to abortion ... [2] Concierge services ... [3] Travel benefits ... [4] HRAs ... [5] HIPAA ... [6] Civil or criminal liability ... [7] Contraceptive coverage under the [ACA]."   MORE >>

Spencer Fane

Coverage Expansion in HSA-Eligible Health Plans Shows Little Impact on Premiums (PDF)

" IRS Notice 2019-45 allows HSA-eligible health plans to cover 14 medications and health services prior to meeting the plan deductible.... The impact on premiums of expanding pre-deductible coverage for 14 services in HSA-eligible health plans as allowed in IRS Notice 2019-45 is small. Estimated premium increases range from virtually zero (0.03%) to 1.5 percent."   MORE >>

Employee Benefit Research Institute [EBRI]

Why Child Care Benefits Can Help Employers and Employees

"The child care crisis costs $57 billion in revenue, earnings, and productivity losses annually for employers and employees alike.... [E]mployers can support employees through this crisis with by offering smart solutions that help parents find and fund child care.... [1] Alleviate the stress of finding care ... [2] Make affording care easier ... [3] Leverage Employee Assistance Programs (EAPs)."   MORE >>

Voya

1 in 5 Americans Say Their Family Has Received a Surprise Medical Bill in 2022

"20% of adults said they or their family have received an unexpected medical bill this year, and 22% of them were charged over $1,000. 45% of adults said they are confident they would know their emergency room bill up front. 63% of adults said they're confident they would be able to address a surprise bill that they believed to be illegal with a provider or insurer."   MORE >>

Morning Consult

Lawsuit Claims UnitedHealth Underpaid for Telehealth

"UnitedHealth Group Inc has been hit with a proposed class action accusing it of systematically underpaying for telehealth services since the early part of the COVID-19 pandemic. The lawsuit ... seeks to represent a class of 'at least hundreds and likely thousands' of beneficiaries of UnitedHealth insurance plans covered by [ERISA]." [CP v. UnitedHealthcare Insurance Co., No. 22-0850 (D. Conn. complaint filed Jul. 7, 2022)]   MORE >>

Reuters; free registration may be required

Cleveland Clinic Expands Centers of Excellence Program for Self-Insured Businesses

"The health system has added two new centers, covering musculoskeletal and bariatric health, to its program, giving business leaders a direct link to specialist services and allowing them to better manage employee healthcare costs.... Businesses are choosing this model not only to reduce the complexity of health plans and cut administrative costs, but to better manage soaring employee healthcare costs and boost health and wellness through more focused, evidence-driven care programs, including preventive care."   MORE >>

HealthLeaders Media

Employee Benefits Jobs

View job as Client Transition Manager
          for Pentegra Client Transition Manager

Pentegra

Remote / West Harrison NY

View job as Client Transition Manager
          for Pentegra

View job as Retirement Center Senior Analyst
          for Cambridge Investment Research, Inc. Retirement Center Senior Analyst

Cambridge Investment Research, Inc.

Remote

View job as Retirement Center Senior Analyst
          for Cambridge Investment Research, Inc.

View job as ESOP Administrator
          for Blue Ridge ESOP Associates ESOP Administrator

Blue Ridge ESOP Associates

Remote

View job as ESOP Administrator
          for Blue Ridge ESOP Associates

View job as Senior Analyst, Benefits (Retirement Plans)
          for General Dynamics Senior Analyst, Benefits (Retirement Plans)

General Dynamics

Reston VA

View job as Senior Analyst, Benefits (Retirement Plans)
          for General Dynamics

Selected New Discussions

Transparency in Coverage Rules -- Public Website Requirement

"Just curious if anybody has seen any regulatory guidance or discussion around steps to comply with the transparency in coverage (TiC) rules' requirement to post a link to required rate information on an employer's publicly accessible website in a situation where the employer has no website at all. I understand that employers can contract with third parties to have them host the information on other websites but under the rules the employer still has to post a link to the other third-party website on the employer's own website so that doesn't solve the issue. I have seen a few articles that touch on this question and simply advise that employers with no website should consult ERISA counsel. Unfortunately, the company's ERISA counsel was apparently absent the day they covered this topic in law school. I don't know what it might cost to create a basic public website for the company that might at least link to a third party site if need be but it strikes me that may be a better way to come at this rather than looking for some exception. Appreciate any thoughts or suggestions."

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ERISA Basics National Institute 2022

November 1, 2022 WEBCAST

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BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587.

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