"[HHS, DOL and the Treasury Department] are seeking public input on how best to ensure coverage and access to over-the-counter (OTC) preventive services, including the benefits of requiring most health insurance plans to cover these services at no cost and without a prescription by a health care provider. This new Request for Information (RFI) solicits comment on access to a range of OTC items recommended by experts for preventive care that can be purchased without a prescription, including contraceptives, tobacco smoking cessation products, folic acid during pregnancy, and breastfeeding supplies."   MORE >>

"In response to the extreme need for charitable relief for victims of wildfires beginning on August 8, 2023, in the State of Hawaii, employers may have adopted or may be considering adopting leave-based donation programs. This notice provides guidance ... on the federal income and employment tax treatment of cash payments made by employers under leave-based donation programs for the relief of victims of the 2023 Hawaii Wildfires. This guidance is similar to the guidance ... regarding charitable relief following the September 11, 2001, terrorist attacks."   MORE >>

"A 'Part D eligible individual' is an individual who [1] is entitled to benefits under Medicare Part A or enrolled in Medicare Part B; and [2] lives in the service area of a Part D plan. Part D eligible individuals could include active employees, disabled employees, COBRA participants, retirees, and, importantly, covered spouses and dependents of any of the above.... Here are more details to help you determine who should receive a notice."   MORE >>

"Despite the federal government declaring the end of the COVID-19 public health emergency (PHE) and national emergency, Mr. Berra's notable quotable applies to COVID-19 leave requirements in several parts of the country. A few jurisdictions prudently switched to a permanent standard for future state and/or federally declared PHEs. Here is a non-exhaustive summary of the remaining supplemental paid leave requirements for COVID-19 and future PHEs."   MORE >>

"Minnesota joins 17 other states and Washington, DC, in requiring accrued paid leave for employees. Starting Jan. 1, 2024 ... all employers in the state [will be required] to provide up to 48 hours of earned sick and safe time (ESST) -- accrued at one hour for every 30 hours worked -- to eligible employees working in Minnesota."   MORE >>

"The stakes are getting higher for welfare plan administration and oversight: new legislation, increasing DOL scrutiny and audits, and participant breach of fiduciary duty litigation have drastically changed the welfare plan fiduciary landscape.... The higher stakes for welfare plan administration may mean a committee should oversee the welfare plan administration to make sure nothing falls through the cracks -- and to mitigate fiduciary risk and protect the company's Board or other management from fiduciary liability."   MORE >>

"[1] Engage appropriate experts to help review service providers' compliance with contract terms and performance. [2] Negotiate and include detailed contract provisions related to audit rights and ongoing compliance check-ins with service providers. [3] Identify, retain, and contract with a qualified, independent auditing company that has specialized expertise in the area(s) to be audited. [4] Take corrective actions to address deficiencies and document those efforts."   MORE >>

"Merck, AstraZeneca, Bristol Myers Squibb and Boehringer Ingelheim have signed agreements to participate in the first round of Medicare drug price negotiations, while the remaining drugmakers have until Oct. 1 to decide."   MORE >>

"The bipartisan effort in Congress to lower healthcare costs through increased transparency and competition is facing some headwinds, though the depth of support for many reforms still gives them a good chance of becoming law this year.... Virtually all these reforms have strong backing from the plan sponsor community[.]"   MORE >>

"In 2023, federal subsidies for health insurance minus certain related payments made to the federal government are estimated to be $1.8 trillion, or 7.0 percent of gross domestic product (GDP). In CBO and JCT's projections, those net subsidies grow substantially, reaching $3.3 trillion, or 8.3 percent of GDP, in 2033. Over the 2024-2033 period ... those subsidies total $25.0 trillion[.]"   MORE >>

"HHS's Office of Civil Rights (OCR) has announced a resolution agreement with the nation's largest publicly operated health plan that provides benefits through state, federal, and commercial programs, settling potential violations of HIPAA found during two separate incidents. OCR opened the first investigation in January of 2016 based on an online media article about the health plan released in March of 2014, alleging that some members could see other members' PHI when logging onto the payment portal."    MORE >>

"[T]he 219th open meeting of the [ERISA Advisory Council] will be held via a teleconference on Monday, October 30, 2023.... The purpose of the open meeting is for the members of the ERISA Advisory Council to discuss potential recommendations for the Secretary of Labor on the following topics: [1] Long-Term Disability Benefits and Mental Health Disparity, and [2] Recordkeeping in the Electronic Age. Descriptions of [these] topics are available on the ERISA Advisory Council's web page [.]"   MORE >>

29 pages.  Employee benefits items begin on page 4 .   MORE >>