Benefit Beat - 2011 through current

As a reminder, the paid family leave law provides up to 12 weeks of paid time off for baby bonding, to care for a family member, or military exigency.

Individuals employed in the state of New Jersey may be entitled to temporary benefits for a disability caused by non-occupational sickness or accident, including pregnancy and related medical conditions.

Delaware’s paid family and medical leave law provides up to 12 weeks of leave for certain parental, family caregiving, and medical reasons.

In the matter of Bodge, et al. v. Commonwealth, et al., Bodge, a state trooper sued the State Police claiming that the State Police’s policy of not providing accrual of benefits, such as vacation or sick time, during paid family leave violated Massachusetts Paid Family and Medical Leave Act (PFMLA).

A quick reminder that fixed indemnity plans must include a notice for plan years beginning January 1, 2025, must include a notice explaining that it is not minimum essential coverage.

New penalties will begin to apply to failures of Medicare mandatory reporting.

With so much of benefit administration being electronic it should come as no surprise that cybersecurity continues to be an issue.

In April 2024, regulations were issued specific to strengthening protections to those that receive reproductive health care without risk of their identity or protected health information (PHI) being released to conduct a criminal, civil or for administrative investigative purposes for the act of seeking, obtaining, providing or facilitating reproductive health care where the care is lawful under the circumstances, or to identify any person related to such activities (prohibited purposes).

In recent months, there has been an increase in lawsuits challenging employer’s wellness programs, specifically as it relates to smoker penalties.

The Department of Health and Human Services has issued civil penalties specific to HIPAA privacy, summary of benefits and coverage, and Medicare secondary payer compliance.

A recently issued Private Letter Ruling indicates that an individual can make an irrevocable election to have employer dollars allocated to the program or programs of individual’s choice prior to beginning of plan year.

In 2023, Illinois passed a law requiring that temporary agencies pay workers temporarily placed with an employer compensation and benefits comparable to the amounts paid to individuals directly hired by the employer.

On July 24, 2024, the Court of Appeals for the Third Circuit ruled that New Jersey’s Bill of Rights law does not unlawfully burden out-of-state businesses or exceed the state’s police power.

The health care expenditure amounts for San Francisco’s Health Care Security Ordinance have been adjusted for 2025. These expenditure rates do not apply to businesses with 19 or fewer employees, or to nonprofits with 49 or fewer employees.

The Division of Family and Medical Leave Insurance (FAMLI) has announced that there will be no change to the premium rate for 2025.