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

Health & Welfare Plans Newsletter

May 7, 2024

[Guidance Overview]

FTC Expands Scope of Health Breach Notification Rule, Even as HHS Announces Its Own HIPAA Update

"[The FTC] finalized changes to modernize the Health Breach Notification Rule by clarifying its applicability to health and wellness apps and other similar technologies ... [Many] digital health and wellness companies ... are not subject to the strict privacy and security regulations under [HIPAA] ... since they do not submit electronic claims for insurance billing purposes[.]"   MORE >>

Seyfarth Shaw LLP

[Guidance Overview]

Maryland Revises Paid Family and Medical Leave (PDF)

"Contributions ... are set to begin July 1, 2025. Starting July 1, 2026, covered employees may take up to 12 weeks of leave in a rolling 12-month period, with another 12 weeks possible for employees who experience a serious health condition and need to bond with a new child.... Covered employers must participate in the state program or comply with an approved private plan (insured, self-insured, or a combination)."   MORE >>

Mercer

Ninth Circuit Ruling Bolsters MHPAEA and ERISA Protections, Clarifying Pleading Standards

"The Ninth Circuit held it sufficient for the plaintiff to allege that the plan applies a more restrictive process to MH/SUD claims than to M/S claims, without needing to demonstrate a categorical denial practice or to identify specifically analogous M/S claims.... Notably, however, the Ninth Circuit upheld the district court’s dismissal of the claim that United had violated specific terms of the plaintiff’s benefit plan." [ Ryan S. v. UnitedHealth Group, Inc. , No. 22-55761 (9th Cir. Apr. 11, 2024)] MORE >>

ArentFox Schiff LLP

Boosting Benefits Literacy

"[1] Simplify benefits communication ... [2] Personalize benefits education with helpful tools ... [3] Emphasize the benefits of an HSA beyond just 'paying for healthcare' ... [4] Offer benefits education throughout the year."   MORE >>

HealthEquity

ICHRAs: An Innovative Alternative to Traditional Plans

"ICHRAs flip how employers offer health insurance. Instead of trying to accommodate all employees with a few plans, employers can offer ICHRAs to defined classes of employees. That provides more freedom and flexibility to employees while stabilizing costs for employers and allowing them to offer coverage to employees that otherwise wouldn't be feasible."   MORE >>

Corporate Synergies

2024 Annual Report of the Boards of Trustees of the Federal Hospital Insurance and Federal Supplementary Medical Insurance Trust Funds

261 pages. "The Medicare projections have been significantly affected by the enactment of the Inflation Reduction Act of 2022 (IRA).... The total effect of the IRA is to reduce government expenditures for Part B, to increase expenditures for Part D from 2027 through 2030, and to decrease Part D expenditures beginning in 2031.... In the year of asset depletion, which is projected to be 2036 in this report, HI revenues are projected to cover 89 percent of incurred program costs."   MORE >>

The Boards of Trustees, Federal Hospital Insurance and Federal Supplementary Medical Insurance Trust Funds

Benefits in General

[Official Guidance]

IRS Disaster Relief Announcement OK-2024-01, for Taxpayers Impacted by Severe Storms in Oklahoma

"[IRS announced] tax relief for individuals and businesses in Oklahoma that were affected by severe storms, straight-line winds, tornadoes, and flooding that began on April 25, 2024. These taxpayers now have until September 3, 2024, to file various federal individual and business tax returns and make tax payments.... [I]ndividuals and households that reside or have a business in Carter, Hughes, Love, and Murray counties qualify for tax relief."   MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

Fallout After Sweeping FTC Ban on Noncompetes, Part 2: Prohibited vs. Permissible Compensation Arrangements

"The Final Rule goes beyond prohibiting straightforward noncompete clauses. It also prohibits functional noncompetes, which are arrangements that serve to restrict, 'penalize,' or 'function to prevent' a worker from working after their current employment terminates. In the preamble to the Final Rule, the FTC indicates that inclusion of the term 'penalize' is meant to prohibit clauses that 'require a worker to pay a penalty for seeking or accepting other work or starting a business after their employment ends.' "   MORE >>

Morgan Lewis

[Guidance Overview]

A Guide for Healthcare Employers to Understand the Potential Impact of FTC's Non-Compete Ban

"[E]mployers should take the following steps: [1] Determine which existing non-competes are with Senior Executives.... [2] With regard to Senior Executives that are not currently subject to non-competes, consider strategies for entering into non-competes with these individuals, if otherwise permissible under state or local law, before the Final Rule becomes effective. [3] Tax Exempt Entities should evaluate whether they fall within the FTC's jurisdiction, in which case the non-compete ban requirements will apply to them."   MORE >>

Akerman, via JDSupra; free registration required

Remote Employees Participating in Employee Benefit Plans: What's Local Law Got to Do with It?

"There are a myriad of ... state and local laws that a company must consider when it allows an employee to transfer to a state in which the company has not previously had a presence.... [S]tates have enacted [1] corporate laws requiring entities doing business in that state to register with the Secretary of State, [2] employment laws requiring mandatory leave, [3] state disability insurance programs, ... and [4] state-mandated retirement benefits."   MORE >>

Dickinson Wright

Fact Sheet: 2024 Social Security and Medicare Trustees Reports (PDF)

"The Old-Age and Survivors Insurance (OASI) Trust Fund will be able to pay 100 percent of total scheduled benefits until 2033, unchanged from last year's report. At that time, the fund's reserves will become depleted and continuing program income will be sufficient to pay 79 percent of total scheduled benefits.... The Hospital Insurance (HI) Trust Fund will be able to pay 100 percent of total scheduled benefits until 2036, 5 years later than reported last year. At that point, that fund's reserves will become depleted and continuing program income will be sufficient to pay 89 percent of total scheduled benefits."   MORE >>

The Board of Trustees, Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds, and the Boards of Trustees, Federal Hospital Insurance and Federal Supplementary Medical Insurance Trust Funds

Employee Benefits Jobs

View job as Retirement Plan Administrator for Aegis Retirement Partners

Retirement Plan Administrator

Aegis Retirement Partners

Remote

View job as Retirement Plan Administrator for Aegis Retirement Partners

Selected New Discussions

Including Schedule A when Wrapping Multiple 5500's Into One

"Plan Sponsor currently files all H&W benefits in separate 5500's. Plan Sponsor is going to adopt a wrap plan document effective 1/1 of current plan year. Prior plan year 5500 has not been filed. I'm getting dizzy thinking about this - how to include Schedule A's and incorporate counts to make the change. I'm thinking:

  • Prior Year - because wrap plan not yet effective, file as normal, with counts reflected at eoy
  • Current Year - all individual plans will file as Final and show both beginning and end of year counts of 0 and no Sched A's. New Plan will have an opening participant count and all Sched A's in the new plan"

BenefitsLink Message Boards

Press Releases

Webcasts and Conferences(Health & Welfare Plans)

The Future of Benefits HR & Finance Forum

May 29, 2024 in NY

Corporate Synergies

An Overview of Paid Leave Laws in New England

June 5, 2024 WEBINAR

Littler

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

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