Tech Startups in US, France, Germany Help in Fight Against Wildfires

“This year has been a challenging one for Phil Schneider, who hasn’t seen wildfire behavior like this in his 47-year firefighting career. Blazes raged through more than 2,000 acres of wildland in recent months in his county deep in the woods of Oregon, where a wet climate once made forest fires unthinkable. That’s an increasingly common scene around the world — from Canada to Greece, global warming has helped fuel larger and more destructive blazes, pushing firefighting services to the brink. But Schneider has a new recruit to help manage the growing risks: artificial intelligence.”  Full Article

– Insurance Journal

US Home Insurance ‘Bubble’ Closer to Popping as Climate Risks Mount: Report

“Home insurance costs that have soared in much of the US may get even higher. Tens of millions of properties around the country are insured at prices that haven’t caught up with the danger of hurricanes, wildfires and floods, according to a new report from the First Street Foundation, a nonprofit that works to define and communicate risks posed by climate change. First Street estimates that 39 million US homes are insured at artificially suppressed prices compared with the risk they actually face. Of those, nearly 6.8 million homes are covered by state-backed “insurer of last resort” policies.”  Full Article

– Insurance Journal

Save Billions or Stick with Humira? Drug Brokers Steer Americans to the More Costly Choice

“For real competition to take hold, the big pharmacy benefit managers, or PBMs, the companies that negotiate prices and set the prescription drug menu for 80% of insured patients in the United States, would have to position the new drugs favorably in health plans. They haven’t, though the logic for doing so seems plain.”  Full Article

– KFF Health News

COBRA Notice Litigation Update: Recent Decision Signals Some Skepticism of Plaintiff’s Claims

“Despite the sheer volume of COBRA notice cases, courts have issued relatively little guidance on the merits of the plaintiffs’ claims. Based on the decisions and proceedings to date, this article describes some trends indicating that, although COBRA notice litigation may present a risk for plan sponsors, there are also multiple potential merits and class-based defenses available to defendants.”  Full Article

– Groom Law Group

Managing Increasing Health and Welfare Fiduciary Risks

“Take action now to stave off the pending surge in class action litigation against health and welfare plan sponsors and fiduciaries. Plaintiffs’ firms are actively looking for potential employee plaintiffs who participate in group health plans. Manage risks by establishing a health and welfare plan fiduciary committee to conduct formal, well- documented processes to monitor health plan activities and service provider performance and fees.”  Full Article

– Nixon Peabody

Gag Clause Attestations Due December 31, 2023

“Under the Consolidated Appropriations Act of 2021 (CAA), group health plans and health insurance issuers are prohibited from entering into agreements with service providers restricting certain information that the plan may make available to another party. This information includes [1] provider- specific cost or quality information sharing with plan members or [2] claims data (including individual claims pricing) sharing with plan sponsors (and their service providers).”  Full Article

– Graydon Head & Ritchey LLP

One Year Later, Where Are the ‘Transparency in Coverage’ Compliance Studies

“The authors posit that the lack of compliance monitoring is not for lack of interest but rather because of the complexity of the landscape to which the regulation applies. As such, in this piece, we lay the groundwork for compliance studies by outlining the agencies responsible for enforcing compliance with the TiC rule, delineating the universe of entities that are required to comply with it, and discussing how compliance might be assessed.”  Full Article

– Health Affairs Forefront

Action Steps Health Parity Should Take Now in Response to New DOL Guidance on Mental Health Parity

“The Departments have consistently highlighted certain types of plan exclusions or limitations as problematic or out of compliance and addressed these areas again in both the 2023 MHPAEA Report to Congress and the Proposed Rules. Plan sponsors should review their plans carefully for these red flags and should also consider performing a more general MHPAEA compliance review of their group health plans, with an emphasis on the Department’s six areas of focus.”  Full Article

– Foley & Lardner LLP

Woodruff Sawyer: Softer D&O Market Still Offers Concerns for Underwriters

“While concerns about a “tsunami of pandemic-related litigation” never quite materialized, according to Woodruff Sawyer in its latest D&O Looking Ahead Guide for 2023, those fears have been replaced with a number of others among D&O insurers. Economic challenges such as inflation and higher interest rates, as well as the threat of a recession, combined with the war in Ukraine, limited supply chains and a volatile stock market are creating a difficult environment for management teams and boards.”  Full Article

– Insurance Journal

Viewpoint: IT Asset Disposition Is Growing Cyber Security Threat for All Organizations

“Cyber risk headlines are dominated by rising ransomware activity and soaring global data breach costs. The increased ransomware activity, driven largely by threat actor financial motives, has indiscriminately affected all industry segments – from large corporate clients to small to midsize enterprises alike. As a consequence, the cyber insurance market has witnessed notable changes. Both from a direct and reinsurer viewpoint, we have experienced pared-back coverage, increased pricing per million dollars of cover and limited capacity. While these developments top headlines, it is not the sole exposure point for corporations.”  Full Article

– Insurance Journal

Pajamas, Pennies and Time Rounding

“Submitted for your consideration are two court decisions, decided less than a year apart, and involving the same practice of rounding time entries up or down to the nearest quarter hour. The legal principles applicable to both decisions were identical, but their outcomes (so far) were very different.”  Full Article

– Constangy Brooks

The EEOC’s Strategic Plan Provides Insight Into its Priorities, Including Systemic Discrimination

“The Equal Employment Opportunity Commission has released its Strategic Plan for Fiscal Years 2022-2026, effective immediately. This document provides employers with an overview of the EEOC’s particular areas of focus.”  Full Article

– Shawe Rosenthal

Labor Department Proposes Increasing Salary Threshold for Overtime Pay

“On Aug. 30, 2023, the WHD of the DOL released a NPRM that proposes to revise the “white collar” overtime exemption regulations applicable to executive, administrative, and professional employees. Most notably, the highly anticipated proposal seeks to raise the salary threshold under which employees are eligible for overtime pay under federal labor law to $1,059 per week ($55,068 annualized).”  Full Article

– Greenberg Traurig LLP

State Pay Transparency Laws: What’s Required Now and What’s Next?

“As the summer winds down, multistate employers must remain apprised of an ever
-increasing number of obligations in the area of pay transparency … We highlight recent developments to existing pay transparency laws, summarize new pay transparency laws enacted over the summer and offer compliance tips for multistate employers grappling with this growing nationwide trend.”  Full Article

– Cooley LLP

DOL’s Conflicting Versions of Independent Contractor Standard Under FLSA

“In January 2021, the U.S. Department of Labor (DOL) under the Trump administration issued a final rule defining the standard for when a worker is an independent contractor for the purposes of the Fair Labor Standards Act (FLSA). This standard remains in effect, although the DOL under the Biden administration issued a new proposed rule redefining the standard in October 2022.”  Full Article

– Hall Benefits Law, LLC

Expanding Existing Bereavement Leave Policies to Account for Fertility Related Losses

“Bereavement leave policies generally aim to provide employees with paid leave following the death of a family member. These policies, however, often fail to acknowledge the grief that employees experience upon a fertility related loss, such as a miscarriage. Fertility related losses are very common (with more than 1 in 4 pregnancies resulting in miscarriage) and frequently result in post-traumatic stress disorder (with almost 1 in 3 women developing PTSD after a miscarriage), and yet they remain largely unaddressed in the workplace.”  Full Article

– Mintz, Levin Cohn Ferris Glovsky and Popeo P.C.

California Lawmakers Approve Nation’s Most Sweeping Emissions Disclosure Rules for Big Business

“Major corporations from oil and gas companies to retail giants would have to disclose their direct greenhouse gas emissions as well as those that come from activities like employee business travel under legislation passed by California lawmakers, the most sweeping mandate of its kind in the nation. The legislation would require thousands of public and private businesses that operate in California and make more than $1 billion annually to report their direct and indirect emissions. The goal is to increase transparency and nudge companies to evaluate how they can cut their emissions.”  Full Article

– Insurance Journal

Google’s Search Dominance Challenged in Biggest Antitrust Trial in Decades

“Google has exploited its dominance of the internet search market to lock out competitors and smother innovation, the Department of Justice charged Tuesday at the opening of the biggest U.S. antitrust trial in a quarter century. “This case is about the future of the internet and whether Google’s search engine will ever face meaningful competition,” said Kenneth Dintzer, the Justice Department’s lead litigator. Over the next 10 weeks, federal lawyers and state attorneys general will try to prove Google rigged the market in its favor by locking its search engine in as the default choice in a plethora of places and devices. U.S. District Judge Amit Mehta likely won’t issue a ruling until early next year. If he decides Google broke the law, another trial will decide what steps should be taken to rein in the Mountain View, California-based company.”  Full Article

– Insurance Journal

Illinois Enacts Pre-Tax Commuter Benefits Requirement

“Beginning January 1, 2024, certain employers located within designated Illinois counties and townships will be required to provide employees a ‘pre-tax commuter benefit.’ Employers must allow covered employees to use pre-tax dollars for the purchase of a transit pass through payroll deduction. A transit pass is any pass, token, care card, and the like entitling the employee to take public transit.”  Full Article

– Jackson Lewis P.C.

You May Need to Lower Employees’ Premiums to Keep Plans Affordable Under the ACA

“The authors are seeing an increased focus on ACA compliance and expect to see a ramp up in employer penalty notification. A failure to consider whether your plan is affordable when passing through any premium increases could result in an unintended penalty for each employee who enrolls in exchange coverage and qualifies for financial assistance.”  Full Article

– Bricker Graydon

New Federal Rules Seek to Strengthen Mental Health Parity

“Although MHPAEA has been in effect for more than a decade now, regulators enforcing the law have often struggled to narrow the many gaps in access between MHSUD and medical/surgical benefits …This proposed rule makes the NQTL standard more prescriptive and incorporates outcomes data, and if finalized would represent a significant step forward in MHPAEA enforcement.”  Full Article

– Health Affairs Forefront

District Court Dismisses Employees’ COBRA Notice Claims, Save One (Involving COVID-19)

“In litigation involving an employer’s alleged notice violations under COBRA, a district court rejected almost all of the employees’ claims for why the notices were deficient. In the one claim that survived dismissal, an employee who was terminated in June 2020 alleged that the employer’s COBRA election notice failed to state an enrollment deadline that accurately reflected COVID-19-related time extensions.”  Full Article

– Thomson Reuters Practical Law

5 Things to Know About the New Drug Pricing Negotiations

“The long-term consequences of the new policy are unknown. One theory is that reducing the prices drug companies can charge in Medicare will lead them to increase prices for the privately insured. Another theory is that Medicare price negotiations will equip private health plans to drive a harder bargain. Even though negotiated prices won’t take effect until 2026, drug companies haven’t wasted time turning to the courts to try to stop the new program in its tracks.”  Full Article

– KFF Health News

Circuit Court Holds ERISA Preempts State PBM Regulation

“The court’s opinion distinguished the case from Rutledge v. Pharmaceutical Care Management Association (PCMA), in which the Supreme Court held that an Arkansas law requiring PBMs to tie their reimbursement rates to pharmacies’ costs was not preempted by ERISA because it did not dictate plan choices. The 10th Circuit reasoned that, whereas the Arkansas law at issue in Rutledge merely resulted in an increase of costs for the PBM, the Act goes further by potentially having a direct effect on a plan’s network design, and therefore ‘governs a central matter of plan administration.’”  Full Article

– Slevin & Hart, P.C.

New Study Says Autonomous Vehicles Significantly Reduce BI/PD Claims

“A new study has revealed that autonomous-vehicle technology reduced bodily injury claims frequency by 100% and property damage claims frequency by 76%. Global reinsurer Swiss Re and automated driving company Waymo partnered on the study. The two compared Waymo’s third-party liability claims data with mileage and ZIP-code-calibrated, human-driven private passenger vehicle baselines established by the insurer for the period of 2016-2021, from over 600,000 claims and over 125 billion miles of exposure.”  Full Article

– Insurance Journal

Return-to-Office Is $1.3 Trillion Problem Few Have Figured Out

“In the emerging post-pandemic era, most aspects of life have returned to normal. Moviegoers are flocking to cinemas, vacationers jammed airports for summer travel and kids are returning to classrooms. The one thing that has remained stubbornly fraught: the world of work. Three and a half years after millions of office-goers were sent home en masse, companies, employees and governments are still figuring out how to adapt to lasting changes to corporate life. But stark differences have emerged across continents and cultures, with Asian and European workers largely returning to offices at a faster pace than their counterparts in the Americas.”  Full Article

– Insurance Journal

Fifth Circuit Makes it Easier for Employees to Assert Title VII Claims Against Employers

“The full U.S. Court of Appeals for the Fifth Circuit recently broadened the scope of actionable adverse employment actions that can serve as the basis for a discrimination lawsuit.”  Full Article

– Phelps Dunbar LLP

National Labor Relations Board Significantly Alters Union Election Process

“On Aug. 24 and 25, 2003, the National Labor Relations Board (NLRB) issued new regulations and a decision, which together overturn decades of precedent and represent a sea change in the union election process.”  Full Article

– McGuire Woods LLP

OSHA Says Workplace Violence Injuries are Work-Related, Even When Sustained Outside the Workplace

“To increase enforcement concerning workplace violence incidents, OSHA published a Standard Interpretation Letter concluding injuries resulting from workplace violence are recordable, even if the incident occurs outside of the workplace.”  Full Article

– Seyfarth Shaw LLP

EEOC Releases 2022-26 Strategic Plan Highlighting Agency Priorities Regarding Employment Discrimination

“On August 22, 2023, the Equal Employment Opportunity Commission (‘EEOC’) unveiled its four- year Strategic Plan for Fiscal Years 2022-2026 that it will use as a framework to advance its goals of preventing and remedying employment discrimination.”  Full Article

– Proskauer Rose LLP

Arizona Federal Court Latest to Hold Judicial Approval of Individual FLSA Settlements is Not Required

“A federal district court in Arizona held this week that courts are not required – or even authorized – to grant judicial approval of settlement agreements resolving individual claims brought under the Fair Labor Standards Act (FLSA), joining a growing number of courts calling into question the notion that private FLSA settlements require review and approval by either a court or the
U.S. Department of Labor (DOL).”  Full Article

– Jackson Lewis P.C.

Right to Reef? The Growing Number of State and Local Laws Addressing Off-Duty Marijuana Use by Employees

“Few areas of the law have evolved more quickly than the quagmire of federal, state, and local laws governing employee use of marijuana. Although cannabis remains a Schedule I drug under the federal Controlled Substances Act, more than two-thirds of all states have legalized medical marijuana. More than 20 states permit adults who are 21 or older to purchase and consume cannabis products recreationally.”  Full Article

– Venable LLP

Catastrophe Experts Discuss Maui’s Long Road to Recovery

“While wildfire search and rescue efforts continued in Maui, a group of CoreLogic experts gathered online last week to discuss the island’s road to recovery through an insurance lens. Panelists analyzed the disaster’s uncertain billion-dollar price tag as well as potential restoration and reconstruction barriers. “The road to recovery from an event like this will be long and arduous,” said Jon Schneyer, catastrophe response director at CoreLogic. “And the purpose of this briefing is to provide context and understanding of the degree of damage and the recovery costs to help the people of Lahaina to the best of our abilities.” Roughly 6,500 acres of land burned across the island, and the fires were largely contained as of press time. More than 100 fatalities have been confirmed by local officials, with hundreds more still unaccounted for.”  Full Article

– Insurance Journal

Reinsurers’ Cyber Rates Expected to Rise as They Seek to Regain Profitability: S&P

“More cyber reinsurance rate increases can be expected as reinsurers seek to regain underwriting profits in their cyber portfolios, according to a report published by S&P Global Ratings. “Reinsurers had a difficult 2022 due to low profitability and even underwriting losses in their cyber portfolios,” said the report titled “Global Cyber Insurance: Reinsurance Remains Key to Growth.” The gross combined ratio was 107% and the net combined ratio was 101% in 2022 for global reinsurance groups for the cyber business they reinsured, the report added, noting that cyber reinsurers’ gross and net combined (loss and expense) ratios underperformed primary insurers on average. However, S&P said it’s important that primary cyber insurers can absorb reinsurance rate increases without passing them on to policyholders.”  Full Article

– Insurance Journal

Executive Summary: Tracking Telehealth Changes State-by-State in Response to COVID-19

“A descriptive list of current and proposed state and federal guidance, regulations, and legislation concerning telehealth programs. Updated August 25, 2023.”  Full Article

– Manatt, Phelps & Phillips, LLP

In its 45th Right of Access Initiative Settlement, OCR Reminds Health Plans of HIPAA Compliance Obligations

“Previously focused on healthcare providers, the settlement with UnitedHealthcare emphasizes the need for health plans to provide members with timely access to their health information. In the press release describing the settlement, OCR Director Melanie Fontes Rainer emphasized that health plans are not exempt from the access requirement.”  Full Article

– Nixon Peabody International LLC

ERISA Preemption Reaffirmed: Tenth Circuit Limits State PBM Regulation

“Pending the outcome of the district court proceedings, Oklahoma is likely to request that the Tenth Circuit rehear the case, and/or pursue an appeal to the Supreme Court. The Mulready decision is a conservative, well-reasoned application of prior precedent. Had the Tenth Circuit reached an opposite conclusion, it would have been a sea change in the world of both ERISA preemption and state regulation of ERISA plans.”  Full Article

– Groom Law Group

DOL Continues Enforcement of Non-Quantitative Treatment Limitation Requirements

“The most recent Report to Congress, which is over 100 pages, is instructive and provides several important lessons: [1] MH/SUD parity remains an enforcement priority; [2] Non- compliant plans reported to Congress; [3] Opportunity to think carefully and deeply; [4] Comparative analysis requirement is no longer new; [5] Top areas of DOL focus; and [6] More exclusions than expected, but also some successes.”  Full Article

– Verrill Dana LLP

New Regulation for Pharmacy Benefit Managers

“Eight separate bills to change PBM practices have recently been introduced or advanced out of committee. The current proposals will introduce some transparency on PBM and pharmaceutical pricing. Rebate retention and spread pricing bans will decrease profit margin for some PBMs, but that is very unlikely to be significant. . . Ultimately the best approach to reducing costs for medications is for the government to set prices, just as most other higher- income countries do.”  Full Article

– Health Affairs Forefront

IRS Rev. Proc. 2023-29: 2024 Adjusted Contribution Percentage for Determining Affordable Employer-Provided Coverage

“This revenue procedure provides the applicable percentage table in Section 36B(b)(3)(A) for taxable years beginning in calendar year 2024. This table is used to calculate an individual’s premium tax credit under Section 36B. This revenue procedure also provides the indexing adjustment for the required contribution percentage for determining the affordability of an employer’s offer of coverage. For plan years beginning in calendar year 2024, the required contribution percentage is 8.39%.”  Full Article

– Internal Revenue Service

Rail Whistleblowers Fired for Voicing Safety Concerns

“Hours before a Norfolk Southern train derailed in Ohio and erupted in fire in February, a judge ruled a former railroad employee could proceed with a lawsuit claiming he had been harassed for years by managers who said he reported too many flaws in rail cars he inspected and had his job changed after reporting an injury. Richard Singleton’s case against Norfolk Southern was settled for an undisclosed amount after the judge said he had enough evidence to go to trial over whether he was disciplined for reporting safety violations that slowed trains passing through a Macon, Georgia, railyard.”  Full Article

– Insurance Journal

Severe Weather Set to Boost US Disaster Funding Needs, FEMA Says

“Growing extreme-weather risks mean President Joe Biden’s expected request for billions in extra disaster-relief funding might not be enough for the next fiscal year, FEMA head Deanne Criswell said. Biden’s roughly $12 billion request would cover the spending year ending Sept. 30, the Federal Emergency Management Agency administrator said on CBS’s Face the Nation on Sunday. “As we’re continuing to see the increase in these severe weather events, that dollar amount may need to go up as we go into next fiscal year,” Criswell said. A wildfire in early August that destroyed the Hawaiian town of Lahaina and killed more than 100 people has focused attention on the rising cost of natural disasters.”  Full Article

– Insurance Journal

Zooming in on the I-9: Five Things Employers Need to Know About Remote Immigration Verification

“The new rule became effective August 1, 2023, and allows eligible employers to utilize an alternative process for I-9 verification. The alternative process allows continued remote inspection of Form I-9 documents by a live video call interaction.”  Full Article

– Akerman LLP

‘Quiet Quitting,’ is Getting Louder — 7 Ways Employers Can Bolster Employee Engagement and Address the Risks of ‘Loud Quitting’

“Employers have been concerned about ‘quiet quitting’ for some time now, looking for ways to foster employee engagement and productivity. And new data shows the importance of doing so because ‘quiet quitting’ has turned into ‘loud quitting.’”  Full Article

– Levenfeld Pearlstein, LLC

EEOC Inks First-Ever AI-Based Antidiscrimination Settlement

“On August 9, the U.S. Equal Employment Opportunity Commission (‘EEOC’) and iTutorGroup, Inc. filed a joint notice of settlement and consent decree announcing the settlement of a discrimination in hiring lawsuit. This settlement marks the first instance in which the EEOC settled a lawsuit alleging unlawful discrimination stemming from the use of Artificial Intelligence (‘AI’) in recruiting software.”  Full Article

– Proskauer Rose LLP

Building a Proactive Mental Health Strategy in the Workplace

“What are best practices businesses and HR professionals can use to foster and maintain the mental wellbeing of employees? The answer to this question may be evolving. The rise in post- pandemic employees experiencing some type of mental health issue has prompted companies to audit the efficacy of their current employer-sponsored resources and assess alternative strategies to improve employee wellbeing.”  Full Article

– Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Escaping the Office: Remote and Hybrid Harassment

“As employers continue to embrace work-from- home options for employees, a slew of new concerns and potential liabilities continue to arise. One particularly persistent issue is that as the workplace has been expanded into each employee’s home, so has the potential for harassment. In fact, even though many employees no longer see and interact with colleagues in person on a daily basis, recent studies have found that instances of workplace harassment have increased over recent years.”  Full Article

– Venable LLP

Eleventh Circuit Holds Adverse Employment Action is Required in ADA Failure-to-Accommodate Claims

“The U.S. Court of Appeals for the Eleventh Circuit, in Beasley v. O’Reilly Auto Parts, recently held that a claim for failure-to-accommodate under the Americans with Disability Act (ADA) must include an adverse employment action. That is, ‘discrimination in the form of a failure to reasonably accommodate is actionable under the ADA only if that failure negatively impacts the employee’s hiring, advancement, discharge, compensation, training, and other terms, conditions, and privileges of his employment.’”  Full Article

– Littler Mendelson P.C.

ChatGPT Fever Spreads to US Workplace, Sounding Alarm for Some

“Companies worldwide are considering how to best make use of ChatGPT, a chatbot program that uses generative AI to hold conversations with users and answer myriad prompts. Security firms and companies have raised concerns, however, that it could result in intellectual property and strategy leaks. Anecdotal examples of people using ChatGPT to help with their day-to-day work include drafting emails, summarizing documents and doing preliminary research. Some 28% of respondents to the online poll on artificial intelligence (AI) between July 11 and 17 said they regularly use ChatGPT at work, while only 22% said their employers explicitly allowed such external tools.”  Full Article

– Insurance Journal

White House Holds First-Ever Summit on Ransomware Crisis Plaguing Public Schools

“The White House on Tuesday held its first-ever cybersecurity “summit” on the ransomware attacks plaguing U.S. schools, in which criminal hackers have dumped online sensitive student data, including medical records, psychiatric evaluations and even sexual assault reports. ‘If we want to safeguard our children’s futures we must protect their personal data,” first lady Jill Biden, who is a teacher, told the gathering. “Every student deserves the opportunity to see a school counselor when they’re struggling and not worry that these conversations will be shared with the world.’ At least 48 districts have been hit by ransomware attacks this year – already three more than in all of 2022, according to the cybersecurity firm Emsisoft. All but 10 had data stolen, the firm reported.”  Full Article

– Insurance Journal

Preparing for Health Plan Anti-Gag Clause Attestation

“The first annual attestation is due December 31 of this year, and employers should take the following steps to prepare: [1] Ensure that contracts with health insurance TPAs and insurers do not contain prohibited provisions. [2] Confirm if your plan’s insurer or TPA is submitting the GCPCA on behalf of the plan.”  Full Article

– Warner Norcross & Judd LLP

Excessive Fee Litigation Spreads to Health Plans

“Excessive fee litigation is no longer confined to defined contribution plans. In recent months, plan sponsors of self-funded health plans have filed three cases against Aetna, Elevance, Inc. (formerly known as Anthem, Inc.), and Blue Cross Blue Shield of Massachusetts in their capacities as third- party administrators (“TPAs”) under similar theories of liability.”  Full Article

– Davis Wright Tremaine LLP

States Continue Expansion of PBM Regulation

“More than half the states have enacted PBM laws in the last three years — some of which specifically impact group health plans, such as Colorado, Oregon, New Mexico, Florida, North Carolina, and Oklahoma. [This article outlines] the most common provisions in these laws that could impact plans, using laws in Oklahoma, North Carolina and Florida as examples of state laws that have been adopted or are being considered by state legislatures.”  Full Article

– Groom Law Group

KFF Health Tracking Poll July 2023: The Public’s Views of New Prescription Weight Loss Drugs and Prescription Drug Costs

“While there is overall interest in taking a prescription weight loss drug, interest… Most adults (80%) say that insurance companies should cover the cost of weight loss drugs for adults who are overweight or obese, while half of adults (53%) say insurance should cover the cost of these drugs for anyone who wants them to lose weight.”  Full Article

– Henry J. Kaiser Family Foundation

CMS Recommends Extension of Special Enrollment for Individuals Losing Medicaid and CHIP

“There is no legal basis upon which CMS can rely in requesting this voluntary action by employers. In effect, CMS is asking employers to take this action because it believes that it is the ‘right thing to do,’ in light of the ‘complex transition’ … ‘and the importance of maintaining life-saving coverage for employees and their families.’ From an ERISA standpoint, an employer wanting to implement this CMS recommendation would need to amend its plan.”  Full Article

– The Wagner Law Group

Better Hide the Wine … Employer Considerations as the DOL Doubles Down on Mental Health Parity Compliance in New Proposed Regulations

“Sponsors of self-insured plans may want to: [1] Confirm that their TPA will make the necessary changes to their plan’s NQTLs based on the potential heightened requirements [2] Confirm that their TPA will retain and evaluate the necessary data regarding NQTLs and network adequacy [3] Confirm that their TPA is preparing the required comparative analyses in a manner consistent with the proposed regulations. [4] Independently review any NQTL comparative analyses that have been or are prepared. [5] Negotiate contractual protection in the event the TPA’s NQTL comparative analyses are determined to be deficient or the TPA’s application of NQTLs is determined to be impermissible.”  Full Article

– Holland & Hart LLP

Wind-Driven Hawaii Wildfire Destroying Maui Tourist Town

“A wildfire erupted in Maui on Wednesday fueled by strong winds from Hurricane Dora, destroying homes and businesses in a tourist town and forcing some residents to jump into the ocean to escape the flames. The Associated Press is reporting the fire was widespread in Lahaina Town, including on Front Street, a popular shopping and dining area, County of Maui spokesperson Mahina Martin said by phone early Wednesday. Traffic has been very heavy as people try to evacuate the area, and officials asked people who weren’t in an evacuation area to shelter in place to avoid adding to the traffic, she said. The American Property Casualty Insurance Association responded with insurance tips and a statement. “Insurers are ready to help Maui homeowners, renters and businesses impacted by these wildfires,” said Karen Collins, APCIA vice president, property & environmental. ‘This first step is contacting your insurer to start your claim. This is what you have insurance for. Your company or agent will help you navigate this process and get you what you need each step of the way.’”  Full Article

– Insurance Journal

Bursting Ice Dam in Alaska Highlights Risks of Glacial Flooding

“The gray, two-story home with white trim toppled and slid, crashing into the river below as rushing waters carried off a bobbing chunk of its roof. Next door, a condo building teetered on the edge of the bank, its foundation already having fallen away as erosion undercut it. The destruction came over the weekend as a glacial dam burst in Alaska’s capital, swelling the levels of the Mendenhall River to an unprecedented degree. The bursting of such snow-and-ice dams is a phenomenon called a jökuhlaup, and while it’s relatively little-known in the U.S., researchers say such glacial floods could threaten about 15 million people around the world. ‘We sat down there and were just watching it, and all of a sudden trees started to fall in,” Amanda Arra, whose house continued hanging precariously over the river bank Monday, told the Juneau Empire. “And that’s when I started to get concerned. Tree after tree after tree.’ The flooding in Juneau came from a side basin of the awe-inspiring Mendenhall Glacier, which acts as a dam for the rain and melted snow that collect in the basin during the spring and summer.”  Full Article

– Insurance Journal

OSHA’s New Electronic Reporting Rule Creates New Obligations for Some Employers

“Beginning January 1, 2024, more employers will be required to electronically submit detailed information about their workplace injuries and illnesses to the Occupational Safety and Health Administration (OSHA) every year.”  Full Article

– Phelps Dunbar LLP

Pre-Employment Background Checks: Considerations for Employers When Screening Prospective Employees

“Employers commonly conduct background checks on prospective employees in various areas that they may think relevant when deciding whether to hire an individual for a job. Yet, federal, state, and local laws are increasingly regulating and limiting pre- employment background checks to protect prospective employees from perceived unfair or illegal treatment.”  Full Article

– Venable LLP

When Hot is Too Hot: Workplace Safety Considerations for Employers as the Temperatures Climb

“As large sections of the United States continue to experience soaring temperatures for extended periods, employers, especially those with workers in industries prone to heat-related illnesses, should be mindful of certain workplace safety obligations under federal and applicable state law.”  Full Article

– K & L Gates LLP

Employers — The NLRB Has Just Made Many Common Work Rules Unlawful

“In an unsurprising decision applicable to both unionized and non-union employers, the National Labor Relations Board changed its standard for assessing whether seemingly neutral work rules violate the National Labor Relations Act (NLRA). The Board’s decision in Stericycle, Inc. applies to challenges to an employer’s maintenance of work rules that do not expressly apply to employees’ protected activity.”  Full Article

– Shawe Rosenthal LLP

House Committee Debates Changes to Independent Contractor Rule

“During a recent hearing, the U.S. House Education and the Workforce Committee debated the pros and cons of changing the so-called ‘independent contractor’ rule. This rule dictates how to properly classify workers as employees or independent contractors, a distinction that has grown in importance with the steep increase in the independent workforce in recent years.”  Full Article

– Hall Benefits Law LLC

USCIS and DHS Announce a Revised Form I-9 and a New Option to Remotely Examine Employees’ Documents

“U.S. Citizenship and Immigration Services (‘USCIS’) has announced that a revised version of Form I-9, Employment Eligibility Verification will be available starting August 1, 2023. The current version can be used through October 31, 2023; however, as of November 1, 2023, only the revised version may be used.”  Full Article

– Womble Bond Dickinson LLP

Amwins Report Keys on Disruption in Cannabis Space

“The disruption in the cannabis space is having an impact on that insurance specialty from coast to coast, a new report out from Amwins shows. The report, Amwins State of The Market Report 2023: A Focus on the Cannabis Market, points to “notable transformations and shifts” that are causing insurance providers to refine offerings “to meet the unique needs and challenges” that are developing as cannabis sales in the Western U.S. slow and new markets rapidly come online in the East.”  Full Article

– Insurance Journal

How to Efficiently Manage Variable Lines Brokers

“At its fundamental level, compliance is about making sure the people you have selling products are authorized to sell them, and are doing it right away AND the right way. Some compliance efforts are likely already built into your daily activities, like recruiting brokers. But in your efforts to only spend time and money on the right people, are you actually spending unnecessary dollars without truly reducing your compliance risk?”  Full Article

– Insurance Journal

Employer Considerations Concerning the HIPAA Special Enrollment Rule Temporary Extension

“CMS announced a temporary special enrollment period on HealthCare.gov, through which individuals who lose Medicaid or CHIP coverage and come to HealthCare.gov anytime between March 31, 2023 and July 31, 2024 will be able to enroll.”  Full Article

– Kilpatrick Townsend & Stockton LLP

Employer’s Lack of COBRA Diligence Was Not Intentional Infliction of Emotional Distress

“Courts have repeatedly held that damages for COBRA violations are generally limited to unreimbursed medical expenses less applicable premiums and deductibles. Neither COBRA nor ERISA provides for extra-contractual or consequential damages such as recovery for emotional distress.”  Full Article

– Thomson Reuters / EBIA

Health Care Organizations Support Government’s Effort on Preventive Services

“A diverse set of advocates, academics, organizations, and participants in the health care system filed amicus briefs in support of the government and urged the Fifth Circuit to reverse the lower court’s decision. Brief overviews of the amicus briefs are provided in this article.”  Full Article

– Health Affairs Forefront

Proposed Mental Health Parity Regulations Arrive: Key Changes for Plan Sponsors

“As proposed, a plan will need to assess the expected dollar amount of all plan payments for medical/surgical benefits in the classification to determine whether the NQTL applies to ‘substantially all’ medical/surgical benefits, and then identify the most common or frequent variation of the NQTL for purposes of determining whether it is ‘predominant.’”  Full Article

– Proskauer Rose LLP

Third Circuit Affirms Judgement on ERISA Retaliation Claim

“The court found that the evidence supported the district court’s finding that the Company’s firing of Plaintiff was motivated by Plaintiff’s past and anticipated future use of ERISA health benefits. The Company’s healthcare invoices had Plaintiff’s hip replacement surgery costs highlighted, and though anonymized, it was not difficult for someone in the Company to identify Plaintiff and his expenses.”  Full Article

– Roberts Disability Law P.C.

IRS Issues Guidance on Expenses Related to COVID-19 and Preventive Care

“For plan years ending after December 31, 2024, a high-deductible health plan will no longer be permitted to provide coverage for COVID-19 testing and treatment under the HDHP before the minimum HDHP deductible is met without jeopardizing a participant’s HSA eligibility. Notice 2023-37 clarified that the preventive care safe harbor does not include screening (i.e., testing) for COVID-19, effective as of June 23, 2023. This clarification will not be relevant for HDHPs/HSAs until the first plan year ending after December 31, 2024.”  Full Article

– Miller Johnson Snell & Cummisky P.L.C