On May 16, 2023, the Minnesota State Legislature passed a package of jobs and labor legislation that included a statewide earned sick and safe time (ESST) requirement. The legislation, which is expected to be signed by Minnesota Governor Tim Walz, would require employers to begin providing ESST effective January 1, 2024. Coverage The ESST law…

The IRS has announced its inflation-adjusted limits for health savings accounts (HSAs), high deductible health plans (HDHPs), and excepted benefit health reimbursement arrangements (EBHRAs) for 2024. For individuals with coverage under a high-deductible health plan (HDHP), the 2024 annual limit on deductions will be $4,150 for self-only coverage (up from $3,850 in 2023) and $8,300…

The Drug Enforcement Agency (DEA) and Substance Abuse and Mental Health Services Administration (SAMHSA) have issued a rule temporarily extending telehealth prescribing flexibility first implemented in response to the COVID-19 pandemic. The new temporary rule is effective the day the Public Health Emergency (PHE) ends (May 11, 2023) and offers several forms of flexibility with…

The DOL recently announced a settlement with Prudential that will have implications for evidence of insurability (EOI) processes for employer-sponsored life insurance.  The settlement followed an investigation by the Employee Benefits Security Administration (EBSA) that found that Prudential had collected premiums for supplemental life coverage, in the absence of approved EOI, going back as far…

Employers with Colorado employees covered under the CO FAMLI program must register on the My FAMLI+ Employer system by April 30, 2023 in order to submit the first required premium payments, which are also due on April 30. The state has provided a user guide for employers to assist with the registration and remittance process.…

On April 10, 2023, President Biden signed into law a bill to immediately end the COVID-19 National Emergency declaration, which had previously been set to end on May 11, 2023. Despite speculation that the passage of this bill might impact the timing of the end of various COVID-19 relief provisions, it appears that the timelines…

New regulations issued by the Internal Revenue Service (IRS) will require most employer-sponsored benefit plan filings to be completed electronically beginning next year. These regulations impact filings associated with the Affordable Care Act (ACA) as well as other IRS returns and statements. Previously, employers that filed 250 or more returns in a calendar year were…

The U.S. Departments of Labor (DOL), Health and Human Services (HHS), and Internal Revenue Service (IRS) have jointly issued FAQs clarifying plan sponsors’ obligations with respect to provisions of the 2021 Consolidated Appropriations Act (CAA 2021) that prohibit “gag clauses” in health plan agreements. Specifically, the FAQs provide instructions for plan sponsors to annually attest…

On January 20, 2023, the mayor of San Francisco signed into law the Military Leave Pay Protection Act (MLPPA), which took effect on February 19, 2023. The MLPPA requires employers with more than 100 employees nationally to provide supplementary pay when covered employees are out on a qualifying military leave for up to 30 days…

On January 30, 2023, the White House announced its intent to end both the National Emergency and the Public Health Emergency (PHE) related to COVID-19. Both emergency declarations will expire on May 11, 2023. Public Health Emergency The PHE related to COVID-19 was originally declared effective January 27, 2020 and has been renewed every 90…