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Swipe Right HR – March 2025

By March 19, 2025No Comments

🗓️ March 2025

Keeping HR pros updated with important compliance, benefits, and human resources information.

Enhanced Healthcare Price Transparency

On February 25, 2025, President Trump signed an executive order aimed at bolstering healthcare price transparency. This directive mandates that federal agencies enforce a 2019 order requiring hospitals and insurers to disclose actual healthcare costs. The Departments of Treasury, Labor, and Health and Human Services have 90 days to establish a framework ensuring compliance. Hospitals must display pricing for 300 services and provide comprehensive rate lists, while health plans are required to post their negotiated rates and out-of-network payments.

2025 RxDC Reporting Deadline – What Employers Need to Know

The RxDC report, required by the No Surprises Act (NSA), collects data on prescription drug spending, healthcare services, and premiums paid by both employers and members. Employers must submit this report annually by June 1 for the previous calendar year. The data helps federal agencies monitor trends in healthcare spending and informs potential cost-control strategies.

Key Updates for Reporting:
  • Disaggregated Reporting: Starting in 2024, some group health plans must report data at the employer level, rather than relying on third-party administrators (TPAs) or pharmacy benefit managers (PBMs) for aggregated data.
  • Changes for 2024 (Due in 2025):
    • Pharmacy benefit data must now be reported with the same level of detail as medical data.
    • Medical devices, nutritional supplements, and OTC drugs are excluded from the report (except specific exceptions).
    • Premium calculations are simplified.
    • Instructions are provided for reporting retained rebates when exact amounts are unknown.
Employer Action Items:
  • Complete the RxDC report for 2024 by June 1, 2025.
  • Verify that TPAs, PBMs, or insurance carriers are ready to submit the report on time and gather necessary documentation.
  • Respond to any requests for data from vendors helping with reporting.
  • Determine if your data should be reported at the employer level or can remain aggregated and consider requesting more detailed pharmacy spend data.

Failure to comply can result in penalties of $100 per day for each day the report is late.

The Play-or-Pay Penalty and Counting Employees under the ACA

Since 2015, the Affordable Care Act (ACA) has required applicable large employers (ALEs) to offer their full-time employees health coverage or pay one of two shared responsibility penalties (ESRP or “play-or-pay”). An employer is an ALE if it employs 50 or more full-time or full-time equivalent employees. Final IRS regulations provide guidance to help employers determine if they are ALEs and what they must do to avoid penalties.

Download this comprehensive guide to explore:
  • Which workers must be counted
  • What hours must be counted
  • If an employer is large enough for penalties to be an issue
  • Applying the requirement to offer coverage
  • Applying the requirement to offer affordable, minimum value coverage
  • Which full-time employees must be offered coverage
Download the Guide

Medicare Drug Pricing

The U.S. Department of Health and Human Services (HHS) has announced the selection of 15 additional prescription drugs that will be subject to price negotiations under Medicare Part D. This marks the second cycle of negotiations following the first round initiated last August, which included 10 high-cost drugs.

Manufactures of these selected drugs had until February 28, 2025, to confirm their participation in negotiations. The negotiation process will extend through 2025, with new pricing expected to take effect in 2026. These changes stem from provisions under the Inflation Reduction Act (IRA), which grants Medicare the authority to negotiate drug prices for the first time in its history.

The newly selected medications include treatments for diabetes, cancer, respiratory conditions, mental health disorders, and gastrointestinal diseases. The list includes:

1. Ozempic/Rybelsus/Wegovy  6. Ofev  11. Tradjenta 
2. Trelegy Ellipta  7. Linzess  12. Xifaxan 
3. Xtandi  8. Calquence  13. Vraylar 
4. Pomalyst  9. Austedo/Austedo XR  14. Janumet/Janumet XR 
5. Ibrance  10. Breo Ellipta  15. Otzela 

According to HHS, between November 2023 and October 2024, approximately 5.3 million Medicare Part D enrollees used these drugs. The negotiation process aims to reduce out-of-pocket costs for Medicare beneficiaries, many of whom rely on these medications for chronic and life-threatening conditions.

Employers who provide retiree benefits or supplement Medicare coverage for employees should stay informed about these negotiations and their impact on prescription drug costs. Potential cost savings for Medicare enrollees could influence plan design decisions, prescription coverage tiers, and formulary updates.

Artificial Intelligence in the Workplace: A Compliance Checklist

As artificial intelligence transforms workplaces, organizations must balance innovation with responsible implementation. This guide provides HR professional and business leaders with a checklist for ethical AI adoption, coverage pre-implementation planning, ongoing management, and compliance considerations.

Pre-Implementation Considerations
  • Strategic Alignment: Define clear goals, objectives and outcomes for AI implementation. Determine whether AI is the best solution to meet organizational needs and assess potential return on investment.
  • Data Governance: Gather and assess data for AI training, ensuring it is accurate, reliable, and representative of diverse populations to avoid perpetuating biases. Implement security measures to safeguard sensitive employee data and obtain consent for data collection when required. Establish methods for sorting AI-generated information in compliance with legal standards.
  • Risk Management: Identify potential risks and unintended consequences of AI implementation. Implement mechanisms to prevent biases and ensure fairness. Designate individuals responsible for AI-related decisions and establish plans to address misuse or abuse.
Post-Implementation Best Practices
  • Monitoring and Evaluation: Establish systems to regularly monitor and audit AI systems for potential biases. Ensure human oversight in auditing processes as they evolve. Continuously measure results and outcomes to verify alignment with intended objectives and compliance with relevant regulations.
  • Workforce Development: Train employees on AI capabilities and related workplace policies. Assess AI’s impact, identifying areas where automation can free employees for strategic work. Implement upskilling and reskilling programs to help employees thrive in an AI-enhanced environment.
  • Continuous Improvement: Regularly review and update AI systems to adapt to changing business needs and technological advancements. Implement feedback mechanisms for stakeholders and employees to identify issues and opportunities for enhancement.Integrating AI into the workplace has tremendous potential to transform operations and decision-making capabilities but requires thoughtful implementation and responsible oversight throughout the technology lifecycle.

The Future of Employee Wellness: 2025 Trends to Watch

The days of compartmentalizing physical, mental, financial, and emotional well-being are over. In 2025, organizations are embracing a holistic approach to employee wellness, recognizing that comprehensive support systems are essential to meeting workforce needs and expectations.

While many companies have expanded mental health resources in recent years, there is now a growing focus on financial wellness, alongside efforts to combat burnout, foster social connections, and personalize wellness initiatives using technology.

Let’s explore four key employee wellness trends shaping the workplace in 2025.

1. Addressing Employee Burnout

Employee burnout remains a major concern. A recent report by talent advisory firm DHR Global found that 82% of employees experiencing burnout, with top contributors being long hours (58%), overwhelming workloads (35%), and work-life balance struggles (34%).

To combat this, organizations are prioritizing flexible work arrangements, mental health days, realistic workload expectations, and structured downtime. Employers are also investing in Employee Assistance Programs (EAPs), stress management workshops, and digital mental health platforms. Additionally, initiatives aimed at reducing stigma, such as mental health literacy training help create workplace cultures where employees feel comfortable seeking support.

2. Prioritizing Financial Wellness

Financial stress is another growing concern, with over 60% of Americans living paycheck to paycheck. Inflation, rising debt, and increasing medical costs continue to strain household budgets, making financial wellness support a critical offering in 2025.

To address this, organizations are exploring financial wellness resources, such as:

  • Emergency savings programs
  • Retirement savings support
  • Financial literacy workshops
  • One-on-one financial counseling

These benefits not only reduce employee stress but also serve as valuable retention tools, as workers increasingly expect employers to provide financial wellness resources.

3. Strengthening Employee Engagement and Social Connections

Employee engagement in the U.S. hit an 11-year low in 2024, according to Gallup, with satisfaction levels at record lows and job-seeking activity at its highest since 2015. Factors such as organizational restructuring, heavier workloads, and budget cuts have left many employees feeling disengaged and disconnected.

A new trend, coined “the Great Detachment,” describes employees who remain in their jobs but feel little connection to their work. To counteract this, organizations are focusing on rebuilding commitment and engagement through:

  • Clearer organizational priorities
  • Purpose-driven work initiatives
  • Stronger team connections

Supervisors can play a key role by helping employees see the meaning and impact of their work, reinforcing their sense of purpose and motivation.

4. Leveraging AI and Data to Personalize Wellness Programs

Technology is playing a bigger role in workplace wellness, with AI, wearable tech, and data analytics enhancing personalization. Companies are using digital health platforms and real-time monitoring tools to provide tailored support, including:

  • Personalized wellness plans
  • 24/7 access to health resources
  • Predictive analytics for stress and burnout detection

AI-powered insights allow organizations to customize wellness offerings based on employee health trends, stress levels, and work habits, ensuring that wellness initiatives are both effective and relevant.

Employee wellness strategies in 2025 are evolving to address the interconnected nature of mental, financial, emotional, and physical well-being. Organizations looking to stay competitive and support their workforce effectively should evaluate their current wellness programs and consider enhancements based on employee feedback.

For guidance on developing or improving workplace wellness programs, contact us today.

Question of the Month

Q: Can a plan have an embedded deductible on an HDHP/HSA and still be compliant with IRS regulations?

A: To be eligible to contribute to an HSA, an employee must be covered only by a high deductible health plan (HDHP). An HDHP is a plan with a minimum deductible for employee-only coverage of $1,650 and a deductible of $3,300 for family coverage in 2025.

With family coverage that uses an embedded deductible, the deductible for any family member cannot be lower than $3,300. This makes little sense with an HDHP that uses the lowest possible deductible, because the family deductible will be the same as the embedded individual deductible. It makes more sense for an HDHP that uses a higher deductible, like $6,000 for family coverage. There, you could have an embedded individual deductible of $3,300. In this case, the HDHP could pay out on claims of one family member over $3,300 before the family deductible of $6,000 is satisfied. But this only makes sense when the family deductible of the HDHP is set at something above the minimum $3,300.

 

Answers to the Question of the Month are provided by Kutak Rock LLP. Kutak Rock provides general compliance guidance through the UBA Compliance Help Desk, which does not constitute legal advice or create an attorney-client relationship. Please consult your legal advisor for specific legal advice.

Our Compliance Team is here if you have any questions or would like us to help you with your group benefits.

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