January 17 – 21, 2022
Each week, you’ll find specially curated news articles to keep you up to date on the ever-evolving world of insurance and risk management. The articles are divided out between items relevant to Property & Casualty, Employee Benefits/Human Resources, and Compliance. We’ve included brief summaries of each item as well as a link to the original articles.
PROPERTY & CASUALTY
3 Emerging and Future Trends in Workers’ Compensation
“Executives from Enlyte provided their perspective on the impact of pharmacy (including medical marijuana), return to work, and mental health treatment trends in the field of workers’ compensation. Enlyte experts from disparate disciplines reflected recently on three emerging and future trends in workers’ compensation. Enlyte is the parent company of Mitchell, Genex and Coventry, which provides technology, clinical services and network solutions for the property and casualty insurance industry.” Full Article
– Risk & Insurance
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Eighth Circuit Concludes That ERISA Does Not Preempt State Law Regulating PBMs “This was a fairly straightforward application of the Supreme Court’s Rutledge ruling, which held that ERISA does not preempt state laws that merely increase costs or alter incentives for ERISA plans. While these cases involved PBM laws, this line of reasoning could apply to other state laws governing entities or processes that have some relationship to ERISA plans, such as laws regulating TPAs and other service providers.” Full Article – Thomson Reuters / EBIA
Eleventh Circuit Highlights Importance of Unambiguous Disclaimers in SPDs “At times, Allstate made representations to employees, both orally and in writing, that their retirement life insurance benefits were ‘paid up’ or ‘for life.’ Because the SPDs unambiguously gave Allstate the right to change, amend, or terminate the plan at any time, and expressly clarified that employees had no vested rights under the plan, the appellate court agreed with the district court that plaintiffs failed to establish that benefits were actually ‘due’ under ‘the terms of the plan’ for purposes of ERISA Section 502(a) (1)(B).” Full Article – Jackson Lewis P.C.
Understanding the ‘No Surprises’ Rules “The ‘No Surprises’ Rules also introduce a negotiation and dispute resolution process for situations where the health plan and provider do not agree that the plan’s ordinary payment is appropriate. The rules set a strong presumption as to the amount. The rules include information that plans will need to provide to participants about the expected costs and benefits for a service subject to the rules. This requirement is delayed, pending further guidance.” Full Article – Ballard Spahr LLP
You Can Go Home Again: Agencies Release New Group Health Plan “Plan sponsors will want to contact their pharmacy benefit managers or other networks in short order to determine whether they have a direct coverage solution that will satisfy the safe harbor requirements and allow the plan to impose a dollar limitation on out-of-network costs.” Full Article – Proskauer
Coverage Requirements for COVID-19 Tests
Supreme Court Characterizes ETS as Public Health Measure Outside of OSHA’s Jurisdiction “The Court asserted that OSHA has failed to show evidence of ‘grave danger’ in many industries, and absolves employers of the requirement to ensure that unvaccinated employees engage in weekly testing. With the ETS set to expire in May, it is unclear whether it will ever become law and again be enforced. The government will need to determine whether to continue to press its merits case at the Sixth Circuit before a possible return engagement with the Supreme Court.” Full Article – Seyfarth Shaw LLP
DOL Increases Civil Money Penalties for 2022 “A table reflects the DOL’s 2022 annual inflation adjustments to the civil money penalties for violations of certain requirements under ERISA, effective January 15, 2022.” Full Article – Thomson Reuters Practical Law
STATE & INTERNATIONAL COMPLIANCE
In addition to the RISQ Review, RISQ Consulting also provides a resource that features changes and updates to State and International Compliance measures. We’ve included brief summaries of each item below, and also provided links to the original articles if you’d like to read further.
New York
New York Department of Labor Releases Final Regulations for State Sick Leave Law
“The New York Department of Labor issued final regulations regarding the New York State Sick Leave Law (NYSSLL), which has been in effect since September 30, 2020. The final regulations do not contain any changes to the rules initially proposed on December 9, 2020.” Full Article
– Littler Mendelson
Connecticut
Connecticut Paid Leave Payments and Connecticut FMLA Changes Coming January 1: What You Need to Know
“As we speed closer to January 1, the date when payments will begin der Connecticut’s Paid Family and Medical Leave Act and the effective date of changes to Connecticut’s Family and Medical Leave Act (CT FMLA), below are some updates and considerations for employers.” Full Article
– Jackson Lewis
Minnesota
A Blizzard of Activity from Minnesota OSHA in the New Year
“On January 3, 2022, Minnesota OSHA adopted the ETS by reference in the State Register. For Minnesota employers with 100 or more employees this means they must develop and implement a COVID-19 vaccination and testing policy by January 10, 2022. (MNOSHA indicated it will not issue citations for noncompliance with any requirements of the ETS before Jan. 10.) Further, employers must make the testing requirements of their policies operational by February 9, 2022.” Full Article
– Littler Mendelson
Washington
Washington Long-Term Cares Fund Update: Employers Advised to Withhold Premiums Starting January 1
“Governor Jay Inslee has clarified that, starting January 1, “employers will still be legally obligated to pay the full amount owed to state ESD Employment Security Department] to begin the long-term care program” under the Washington Long-Term Services and Supports Act, until the legislature changes the law.” Full Article
– Jackson Lewis
California
California Adopts New CDC Guidance Regarding Quarantine and Isolation Periods With Its Own Twists
“The California Department of Public Health (CDPH) released updated guidance to conform to the new CDC guidelines but added additional requirements, including testing to exit isolation or quarantine after the fifth day. Notably, the new guidance also introduces a distinction between boosted and non-boosted individuals for the first time.” Full Article
– Hunton Andrews Kurth
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