Employer Insights on Their 2023 Health and Welfare Responsibilities

Looking ahead to 2023, employers will continue to focus on compliance with transparency requirements designed to provide participants greater insight into the prices of prescription drugs and other healthcare. Other issues in the spotlight include health plan coverage of gender, family planning (including abortion), and behavioral health.

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Related Content

• Transparency Disclosure Rules for Group Health Plans
  Review these rules requiring health plans and insurers to provide a substantial amount of cost, coverage, provider, and other information to eligible and covered individuals and make rate information publicly available.
• Transparency Reporting and Other Compliance Rules for Group Health Plans
  Reference the new reporting and other requirements for employer group health plans enacted under the No Surprises Act and other provisions of the Consolidated Appropriations Act, 2021 (CAA) (Pub. L. No. 116-260).
• Balance Billing and Other No Surprises Act Rules
  See and learn more about the balance billing and reimbursement rate rules for group health plans and health insurance issuers in the context of certain healthcare services performed by nonnetwork providers.

Legal Developments

• SEC Adopts Executive Compensation “Clawback” Rules
  The SEC adopted new rules that will require publicly traded companies to "claw back" incentive-based executive compensation awarded to an executive based on materially misreported financials, which later required an accounting restatement, regardless of whether the restatement was caused by misconduct.
• Retirement Plan Sponsors Have Short 2022 Year-End Amendment List
  With IRS Notices 2022-33 and 2022-45 recently extending several plan amendment deadlines, retirement plan sponsors now have few (if any) plan amendments to adopt before 2022 draws to a close.
• Boston Hospital Inks $2.9M ERISA Deal with Workers
  In a 403(b) plan suit on an excessive fees claim, Boston's Beth Israel Deaconess Medical Center has agreed to pay $2.9 million to settle claims that it mishandled employees' retirement plans.

Practical Guidance Updates
Featuring the latest updates from your Practical Guidance account.  

• Employee Benefits & Executive Compensation Key Legal Developments Tracker
  Stay informed on new developments.
  • Retirement Plans. IRS announces the 2023 dollar limitations for benefits and contributions that apply to retirement plans. Notice 2022-55.
  • Retirement Plans. IRS announces that it will now allow 403(b) retirement plans, which are used by certain public schools, churches, and charities, to use the same individually designed retirement plan determination letter program currently used by qualified retirement plans. Proc. 2022-40.
  • Health and Welfare Plans. HHS, through its Office for Civil Rights,issued guidance addressing procedures that HIPAA covered entities and business associates should implement to meet the HIPAA Security Rule requirement to “implement policies and procedures to address security incidents.” Here, the guidance addresses responses to cybersecurity incidents involving electronic protected health information. HHS, OCR Cybersecurity Newsletter (Oct. 2022).
• Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts.
• Check out the new Practical Guidance Author Center! Learn about the 1750+ leading attorney authors contributing to our 22 practice areas, and find out how you can Become a Practical Guidance Author.
• Listen up! Access our growing collection of podcasts by navigating to the Practical Guidance Podcasts Resource Kit.
• Share the First Year Associate Resource Kit: Employee Benefits & Executive Compensation with your firm’s associates to help them sharpen their research and writing skills, get the inside scoop on associate survival, and hit the ground running. 
• The Practical Guidance Journal Fall Edition features impacts of the Dobbs v. Jackson Health Organization decision on employers, healthcare, insurance, and privacy concerns, and tracks the status of state law changes.

• New and Updated Practical Guidance Content
  • State Abortion Laws Tracker After Dobbs v. Jackson Women's Health Organization
  • EPCRS: An Introduction to Retirement Plan Corrections Video
  • ACA Nondiscrimination Rules for Health Programs and Activities (ACA Section 1557)
  • Equity Incentive Compensation Plans for Start-Ups
  • Investment Review Checklist for Investment Committee (401(k) Plan)
  • Open Enrollment Notices Checklist (Health and Welfare Plans)
  • Interstate Travel for Abortion Services Post-Dobbs

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