The latest news, official guidance, analysis, jobs, and more.

Health & Welfare Plans Newsletter

April 26, 2024

[Official Guidance]

Text of IRS Request for Comments on Form 1094-C, Form 1095-C, and Form 4423

"The IRS is soliciting comments concerning Form 1094-C, Transmittal of Employer-Provided Health Insurance Offer and Coverage Information Returns, Form 1095-C, Employer-Provided Health Insurance Offer and Coverage, and Form 4423, Application for Filing [ACA] Information Returns."   MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

Can Our Company Let Employees Use Our Services Tax-Free? (PDF)

"The [income] exclusion for no-additional-cost services applies to services provided in-kind, and to partial or total cash rebates of any amount the employee paid for the service....IRS regulations provide that eligible services may include excess-capacity services such as hotel accommodations, transportation (by aircraft, train, bus, subway, or cruise line), and telephone services.... The regulations suggest that some tangible items (e.g., in-flight meals) can be provided without loss of the exclusion, so long as the goods are incidental to the primary service."   MORE >>

Thomson Reuters / EBIA

[Guidance Overview]

IRS Clarifies That Work-Life Referral Services Are Not Taxable Benefits

"These services are restricted to informational and referral consultations that assist employees with identifying, contacting and negotiating with life-management resources for solutions to a personal, work, or family challenge.... WLR programs may be available to a significant portion of an employer's employees, but they are used infrequently by employees and only when an employee faces one of the particular challenges the programs are designed to address.... [T]he Fact Sheet concludes that, under these circumstances, WLR programs are exempt from taxation under Section 132(e)." MORE >>

The Wagner Law Group

[Guidance Overview]

New York to Require Paid Prenatal Care Leave Among Other Updates in Budget Legislation

"[E]mployers will be required to provide up to twenty hours of 'paid prenatal personal leave' a year beginning on January 1, 2025.... A separate budget law ... makes further adjustments to New York's lactation and breastfeeding accommodation requirements. As of June 19, 2024, covered employers will be required to provide paid thirty-minute breaks for employees who need to express breast milk for a nursing child."   MORE >>

Ogletree Deakins

Ninth Circuit Issues Landmark Ruling on Mental Health Parity

"The court pointed out that MHPAEA claims present a challenge because there is no specific private right of action that can be brought by an aggrieved individual, nor are there any specific provisions of ERISA that address this situation.... While ERISA's fiduciary duties require adherence to plan terms, the statute contains qualifying language requiring that plan instruments 'are consistent with the provisions of [ERISA].' The court interpreted that language as suggesting that an MHPAEA violation is also a breach of fiduciary duty." [ Ryan S. v. UnitedHealth Group, Inc. , No. 22-55761 (9th Cir. Apr. 11, 2024)]   MORE >>

DeBofsky Law

Managing the Impacts of the Change Healthcare Cyberattack

"UnitedHealth Group (UHC) announced on April 22, 2024, that it had paid a ransom to protect patient data potentially acquired in a late February cyberattack on its subsidiary Change Healthcare.... UHC has not officially notified affected health plans and their participants that a breach had occurred.... UHC reported that it has found files containing protected health information (PHI) or personally identifiable information (PII), which could cover a substantial portion of people in America.... To mitigate any harm resulting from the CHC breach, [the authors] recommend that ERISA-regulated plans which may be impacted by the breach inform their plan participants of the CHC event."   MORE >>

Nelson Mullins

Telehealth Doesn't Increase Overall Utilization and Cost as Much as We Thought

"Compared to low-telemedicine health systems, patients of high-telemedicine health systems had 'modest' increases in office visits, care continuity, and prescription drug adherence; fewer ED visits; no differences in testing or preventive service; and a small spending increase due largely to inpatient services and drug costs."   MORE >>

HealthLeaders Media

Plan Participant Preferences for Site of Care Lean Toward Physician Offices (PDF)

"[P]lan participants generally preferred to receive certain health care services in [physician offices] over [hospital outpatient departments], were not willing to pay more for services performed in their preferred facility, and were not likely to think that physicians tied to a hospital system were better quality physicians or that higher costs were an indicator of higher quality."   MORE >>

Employee Benefit Research Institute [EBRI]

Benefits in General

[Guidance Overview]

DOL Finalizes Fiduciary Investment Advice Regulation

"Consistent with the proposal, the term ' IRA' includes health savings accounts (HSA) and certain other tax-advantaged trusts and plans. The final regulation includes owners of HSAs in the definition of ' retirement investor.' "   MORE >>

Thomson Reuters Practical Law

Employee Benefits Jobs

View job as Retirement Plan Administrator for Employee Incentive Plans, Inc

Retirement Plan Administrator

Employee Incentive Plans, Inc

Austin TX

View job as Retirement Plan Administrator for Employee Incentive Plans, Inc

View job as Employee Benefits Attorney for Best Best & Krieger, LLP

Employee Benefits Attorney

Best Best & Krieger, LLP

Remote

View job as Employee Benefits Attorney for Best Best & Krieger, LLP

View job as Senior Retirement Analyst for Dunbar, Bender & Zapf, Inc.

Senior Retirement Analyst

Dunbar, Bender & Zapf, Inc.

Remote / Pittsburgh PA

View job as Senior Retirement Analyst for Dunbar, Bender & Zapf, Inc.

Selected New Discussions

Medicare Advantage Premium Reimbursement from HRA

"I'm reviewing an HRA plan document that includes both active employees and retirees as participants. ACA compliance is through integration with employer's group health plan. At age 65, retiree group is no longer eligible to participate in employer's group health plan. No new employer contributions are made to HRA at age 65 and up, but these retirees can use rolled over account balance to obtain reimbursement for medical expenses and premiums. Employer is reimbursing retirees for Medicare Advantage premiums. While reimbursement of premiums for individual market coverage is clearly prohibited in terms of ACA integration rules (Notice 2015-87), is reimbursement of Medicare Advantage premiums considered individual coverage under existing guidance? Is there any way to argue that this is a permissible arrangement for ACA compliance purposes? Or any way to argue that the retiree reimbursement provisions can be treated as a separate group health plan thereby utlizing the retiree-only exemption, even though the retirees are referenced in the existing plan and SPD that relies upon group health plan integration? (Employer has a wrap plan for ERISA reporting/disclosure purposes)."

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BenefitsLink ® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.

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