"f two fast approaching deadlines: [1] certain group health plans are required to attest by December 31, 2023 that the plans comply with a prohibition on gag clauses; and [2] employers previously excluded from the electronic filing requirements may now need to file certain information returns electronically."   MORE >>

"There are a couple of deadlines falling on a different date than usual due to 2024 being a leap year, such as the CMS creditable coverage status filing and Form 1095 C/B furnishing to employees.... 2024 is the first year when almost all employers must file their informational returns electronically to the IRS, such as Forms 1095-C/B and 1094-C/B."   MORE >>

"On November 28, the Agencies issued updated guidance that lists all counties that meet or exceed the 10% threshold, based on ACS data from 2016-2020. The new list applies for plan years beginning on or after January 1, 2025.... the Agencies also released an FAQ  ... [which] indicated that the Agencies will update certain sample documents ... [includng] the SBC template and sample completed English SBCs with updated non-English taglines, additional translated versions of the SBC and Uniform Glossary; and model notices for internal claims and appeals as well as external review."   MORE >>

"DOL is also considering, in addition to rescinding the 2018 AHP regulations, codifying into federal regulations its pre-2018 guidance. It asks for public comment on whether it should do so, or whether it should issue additional guidance clarifying the application of its pre-2018 guidance as it relates to group health plans (including the application of HIPAA's nondiscrimination rules to AHPs); propose revised alternative criteria for MEWAs; or pursue some combination of the above."   MORE >>

"The Department's establishment of the IDR fee for post-February 20, 2025 disputes and their previous December 15, 2023 announcement of the full reopening of the IDR portal for all dispute categories are part of the Departments' ongoing response to the August 3, 2023 Federal District court ruling ... which vacated portions of the previous guidance that the Departments previously adopted to establish the IDR process and the administrative fee amount for the Federal IDR process for disputes initiated during the calendar year beginning January 1, 2023." [ Texas Medical Association (TMA) v. HHS , No. 23-0059 (E.D. Tex. Aug. 3, 2023)]   MORE >>

"Included in the 2024 updates are changes to the required workplace poster and employee notices  ... Massachusetts employers are required to [1] provide written notice to their current workforce regarding PFML benefits and contribution rates ... [2] display a poster outlining PFML benefits in a location within the workplace where it can be easily read.... [3] issue an individual notice within thirty days of each new hire."   MORE >>

"[1] Make your workforce and HR departments aware that employees may now begin to submit FAMLI claims for qualifying leave expected to begin within the next 30 days.... [2] Establish a point of contact in the My FAMLI+ employer portal.... [3] Determine how FAMLI will interact with other types of employment-related insurance or employer-sponsored leave.... [4] Update your employment policies to reflect the FAMLI application and claims processes[.]"   MORE >>

"Saint Paul narrowed its definition of employees covered by the Ordinance.... expanded its definition of a 'family member' to match Minnesota's ESST legislation.... [and amended] the accrual and frontloading requirements to mirror the state law.... [T]he amendments impose additional responsibilities on employers to notify employees of their rights under the Ordinance."   MORE >>

"On December 13, 2023, The Chicago City Council voted to pass a substitute ordinance, delaying the effective date of the ordinance to July 1, 2024. The substitute ordinance also includes changes to the definition of 'Eligible Employee', alters the payout timeline for medium sized employers, expands recordkeeping requirements, and adds a requirement for employers to distribute employee handbooks and policies to Chicago employees in an employee's primary language."   MORE >>

"A suite of Iron Workers fringe benefit funds persuaded the judge to order jail for the President and CEO of an employer that refused to submit to an audit.... Based on the court’s power to sanction for civil contempt, the judge ruled that incarceration was a proper remedy in the case, giving the President and CEO the option of complying with the required audit or go to jail." [ Regional Local Unions Nos. 846 v. LSRI, LLC , No.  22-1473 (D. Ore. Dec. 1, 2023)]   MORE >>