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Health & Welfare Plans Newsletter

September 8, 2023

[Guidance Overview]

Illinois Enacts Pre-Tax Commuter Benefits Requirement

"Beginning January 1, 2024, certain employers located within designated Illinois counties and townships will be required to provide employees a 'pre-tax commuter benefit.' ... [E]mployers must allow covered employees to use pre-tax dollars for the purchase of a transit pass through payroll deduction. A transit pass is any pass, token, care card, and the like entitling the employee to take public transit."   MORE >>

Jackson Lewis P.C.

DOL Enforces Tobacco Surcharge and Missing Participant Requirements

"Along with the amended complaint , the DOL filed an unopposed motion to approve a consent order and judgment ... [under which] FFG will pay $134,222.70 to participants directly for the amounts applied to their deductibles or charged to them as tobacco surcharges. For missing or lost participants, FFG agreed to adopt a missing participant search policy ... This lawsuit signals that DOL remains concerned with locating missing participants and examining wellness program violations, despite its heavy enforcement focus on mental health parity and No Surprises Act (NSA) compliance. " [Su v. Flying Food Group, LLC, No. 23-6583 (N.D. Ill. proposed consent order filed Aug. 30, 2023)]   MORE >>

Miller & Chevalier

Tenth Circuit Overturns Claim Denial Because of Failure to Follow Claims Procedures

"The Court ... determined that the claims administrator's denial letter failed to convey to the claimant '[t]he specific reason or reasons for the adverse determination' and 'the specific plan provisions on which the determination is based.'... The Court ... [noted] that ERISA requires 'dialogue' between the plan administrator and a claimant. The Court added that a court reviewing an administrator's benefits decisions cannot consider reasons the administrator included in its internal notes when the administrator never conveyed those same reasons to the claimant." [ P. v. United Healthcare Ins. Co. , No. 21-4129 (10th Cir. Aug. 15, 2023)]   MORE >>

The Wagner Law Group

Michigan Governor Proposes Universal FMLA

"As outlined in the proposed legislation, the measure would: [1] Cover companies with 50 or more employees. [2] Permit all qualified workers to take up to 15 weeks of paid intermittent from work to care for themselves or their families. [3] Provide up to 65 percent of a worker's pay. [4] Be funded by a payroll tax on employers."   MORE >>

FosterSwift

New York Proposes Regs Expanding State's Ability to Regulate PBMs

"If enacted, the regulations would ... regulate contracting with network pharmacies; prohibit preferential treatment of pharmacies owned or affiliated with PBMs; require prior approval for acquisitions of PBMs; and impose consumer protection requirements such as prohibiting market conduct practices deemed unfair, deceptive or abusive, and requiring network adequacy standards."   MORE >>

McDermott Will & Emery

Cost Sharing Shifted Away from Deductibles When Employers Added Pre-Deductible Coverage for Preventive Services (PDF)

"Cost sharing shifted from deductibles to copayments and coinsurance among enrollees in HSA-eligible health plans for a number of services impacted by IRS Notice 2019-45 . The same shift was not observed for enrollees in other types of health plans. IRS Notice 2019-45 appears to have had a negligible impact on overall cost sharing as a percentage of total spending on a number of services impacted by the notice. This may be due to the fact that employers were more likely to change their cost sharing approach instead of eliminating it."   MORE >>

Employee Benefit Research Institute [EBRI]

Employer Benefits Perspective Survey

"[E]mployers realize that ... the fragmented ecosystem has significantly increased the complexity of managing healthcare for employees and has created a highly disconnected employee experience.... The survey found that employers' concerns and needs for new, innovative solutions revolve around four major dimensions: digital ecosystem, clinical value, health benefits to support diversity and inclusion, and the workforce of the future."   MORE >>

PwC

Employee Benefits Jobs

View job as Relationship Manager
            for MVP Plan Administrators

Relationship Manager

MVP Plan Administrators

Remote

View job as Relationship Manager for MVP Plan Administrators

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 Employee Benefits Paralegal
            for Ogletree Deakins

Employee Benefits Paralegal

Ogletree Deakins

Indianapolis IN

View job as Employee Benefits Paralegal for Ogletree Deakins

View job as Senior Sales Executive
            for Greene Resources

Senior Sales Executive

Greene Resources

Charlotte NC / Hybrid

View job as Senior Sales Executive for Greene Resources

View job as Defined Benefit Consultant
            for FuturePlan, by Ascensus

Defined Benefit Consultant

FuturePlan, by Ascensus

Remote

View job as Defined Benefit Consultant for FuturePlan, by Ascensus

View job as Sr. Retirement Plan Compliance Analyst
            for FuturePlan, by Ascensus

Sr. Retirement Plan Compliance Analyst

FuturePlan, by Ascensus

Remote

View job as Sr. Retirement Plan Compliance Analyst for FuturePlan, by Ascensus

View job as Head of Sales and Marketing
            for Definiti

Head of Sales and Marketing

Definiti

Remote

View job as Head of Sales and Marketing for Definiti

Press Releases

This 401(k) Day, 'Invest in You'

PSCA [Plan Sponsor Council of America]

Webcasts and Conferences(Health & Welfare Plans)

Health Plan Privacy: Your New Compliance To Do List

September 14, 2023 WEBINAR

Groom Law Group

Last Issue's Most Popular Items

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

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