Spencer’s Benefits NetNews – July 24, 2020

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Featured This Week

New Reports

  • Analysis: Designing CDHP coverage, 7/20 (356.-11)

    (Read Cheetah) »

  • Analysis: Effective claims appeals process, 7/20 (521.-1)

    (Read Cheetah) »

  • Analysis: Individual coverage HRAs, 7/20 (562.-9)

    (Read Cheetah) »

  • Analysis: PCORI fee, 7/20 (564.-1)

    (Read Cheetah) »

  • News

    Additional FMLA, FFCRA FAQs issued as workplaces reopen amid COVID-19 pandemic

    On July 20, the Department of Labor issued two new frequently asked questions (FAQs) regarding COVID-19 issues under the Family and Medical Leave Act (FMLA) and four new FAQs regarding the Families First Coronavirus Response Act (FFCRA). The DOL also issued two new fact sheets for employers and employees covering the FFCRA’s paid leave requirements.

            (Read Cheetah) »

    Insurance company’s denial of claims for out-of-network lactation services did not violate ACA’s cost-sharing ban

    An insurance company was not required to cover out-of-network lactation services under the Affordable Care Act’s (ACA) preventive services mandate, the Eighth Circuit ruled, affirming the district court’s dismissal of a putative class action asserting breach-of-contract claims under state law and breach of fiduciary duty claims under ERISA. The plain language of the statute did not require the company to provide a separate list of lactation counseling providers. Further, the company did provide the insureds with qualified, available in-network providers.

            (Read Cheetah) »

    DOL looking for information on FMLA guidance, announces revised forms

    The Labor Department is seeking information about its regulations implementing the Family and Medical Leave Act of 1993 in order “to gather information concerning the effectiveness of the current regulations and to aid the Department in its administration of the FMLA,” according to a notice published in the Federal Register on July 17, 2020. The information provided from the public is intended to help the DOL identify topics for which additional compliance assistance could be helpful, including opportunities for outreach to ensure that employers are aware of their obligations under the law, and that employees are informed about their rights and responsibilities in using FMLA leave.

            (Read Cheetah) »

    Employee with blood in urine failed to show he had serious health condition

    A trucking company was entitled to summary judgment on a former employee’s FMLA interference and retaliation claims because, despite telling his managers he had blood in his urine, he failed to show he suffered from a serious health condition where he never saw a urologist to diagnose him and did not submit certification of his condition from any doctor.

            (Read Cheetah) »

    IRS releases guidance on reporting qualified sick and family leave wages

    The IRS has released guidance to employers in connection with the requirement to report the amount of qualified sick and family leave wages paid to employees under the Families First Coronavirus Response Act (Families First Act) (P.L. 116-127). Employers are required to report these amounts either on Form W-2, Box 14, or on a separate statement. This required reporting provides employees who are also self-employed with information necessary for properly claiming qualified sick leave equivalent or qualified family leave equivalent credits under the Families First Act.

            (Read Cheetah) »

    Proposed regulations would allow grandfathered plans to make some cost-sharing changes without losing status

    The Departments of the Treasury, Labor, and Health and Human Services have jointly issued proposed amendments to the grandfathered plan status regulations under the Patient Protection and Affordable Care Act (ACA). The changes are designed to provide greater flexibility for grandfathered health plans to make changes to certain types of cost-sharing requirements without causing a loss of grandfather status. There is an unusually short 30-day comment period. The regulations are scheduled to be published in the Federal Register on July 15, 2020.

            (Read Cheetah) »