Weekly Benefits & HR Compliance Updates 8.30.24

Trends in Self-Insured Health Coverage: ERISA at 50

“The percentage of private-sector establishments offering health plans that report they self-insure at least one of their health plans has been generally increasing since at least the mid-1990s. Since passage of the ACA self-insurance has increased in small and medium-sized firms, while it has decreased in larger firms, though these trends may have reversed themselves in 2023.” Full Article

Employee Benefit Research Institute

HIPAA Security Rule Facility Access Controls – What are they and how do you implement them?

“Recent data security research suggests that only 7% of data security decision makers are concerned with breaches due to lost or stolen equipment, even though these account for 17% of breaches. From 2020 through 2023, OCR? received? over? 50? large? breach reports attributable to stolen equipment and devices containing ePHI.” Full Article

Office for Civil Rights (OCR)

HHS Releases Model Attestation Required by the HIPAA Privacy Regulations Relating to Reproductive Health Care

"HHS released a model attestation that Regulated Entities may but are not required to use. Regulated Entities may develop their own attestation form, as long as the attestation is not combined with any other document and the attestation includes specified elements.” Full Article

Haynes and Boone, LLP

Recent Health Plan Litigation Puts Family Building Benefits in Focus

“Family building benefits continue to be top of mind as employers and plan sponsors implement new benefit programs to support family building journeys for their employees. At the same time, there have been a few recent lawsuits challenging health plan eligibility criteria for infertility treatment coverage.” Full Article

Proskauer Rose, LLP

Medicare Drug Price Negotiation Program: CMS Releases New Discounted Prices for 2026 Selected Drugs

“The negotiated prices range from 38% to 79% discounts off the 30-day supply list prices. CMS commented that if the new prices had been in effect last year, Medicare would have saved an estimated $6 billion, or approximately 22%, across the 10 Selected Drugs. CMS has until March 2025 to publish an explanation for the negotiated prices for each Selected Drug that go into effect on January 1, 2026. By February 2025, CMS will select up to 15 more drugs covered under Part D for negotiations for 2027.” Full Article

Wiley Rein, LLP

Gavel to Gavel: Fiduciary Committees Offer Shield Against Welfare Plan Litigation

“A slew of lawsuits against retirement plan fiduciaries caused a restructuring of the decision-making process for retirement plans, but the same committee structure, documentation, training, and decision-making process has not always been implemented for welfare plans despite the same fiduciary obligations under the law — and plaintiffs’ lawyers are catching on.” Full Article

McAfee & Taft A Professional Corporation

This Weekly Digest is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.