We wanted to take the opportunity to remind clients that defined contribution retirement plans must include a “lifetime income disclosure” on at least one benefit statement a year with the first disclosure included no later than the quarterly statement for the second quarter of 2022 (the quarter ending June 30, 2022).
On February 4, 2022, the U.S. Departments of Labor, the Treasury, and Health and Human Services (Tri-Agencies) issued additional Frequently Asked Questions (FAQs) regarding group health plan coverage of over-the-counter COVID-19 tests (OTC Tests).
Since its enactment in 2008, the Mental Health Parity and Addiction Equity Act (MHPAEA) has prevented group health plans from imposing more restrictive benefit limitations on mental health or substance use disorder benefits compared to limitations on medical or surgical benefits.
On January 24, 2022, the U.S. Supreme Court unanimously overturned the Seventh Circuit decision in Hughes v. Northwestern University (see the decision here), and required the lower court to reevaluate whether any of the disputed investments in the extensive plan investment line-up were imprudent based on the circumstances prevailing at the time.
The IRS issued new proposed regulations (https://public-inspection.federalregister.gov/2021-25202.pdf) which will impact furnishing Forms 1095-B and 1095-C to covered individuals.
On January 10, 2022, the Departments of Labor, the Treasury and Health and Human Services (the Tri-Agencies) released new guidance that requires group health plans to cover certain authorized over-the-counter COVID-19 tests (OTC Tests) purchased on and after January 15, 2022 without cost sharing, prior authorization, or other medical management requirements.
On August 27, 2021, the “Illinois Consumer Coverage Disclosure Act” (SB 1905) (“CCDA”), was signed into law. The CCDA went into effect immediately, and applies to all employers who offer insurance under an employer sponsored health plan to employees who work in Illinois.
Under the American Rescue Plan Act (ARP), certain individuals known as assistance eligible individuals (AEIs) were eligible for a COBRA premium subsidy between April 1, 2021 and September 30, 2021.
On August 20, 2021, the DOL published FAQs Part 49 announcing the extension of the compliance dates for a few – but far from all – of the new group health plan mandates under the Tri-Department transparency regulations and the Consolidated Appropriations Act (CAA).
In the 7-2 decision in California v. Texas handed down by the U.S. Supreme Court on June 17th, the third constitutional challenge to the Patient Protection and Affordable Care Act (ACA) that reached the Supreme Court was dismissed without reaching the merits of the constitutional arguments.
If your company had an administrative services agreement with a Blue Cross Blue Shield (BCBS) licensee in the past six years or a health insurance policy with a BCBS licensee in the past 13 years, your company may benefit from the settlement of a court case, In re: Blue Cross Blue Shield Antitrust Litigation MDL 2406, N.D. Ala. Master File No. 2:13-cv-20000-RDP.
There has been a whirlwind of new legislation and guidance related to cafeteria plans and flexible spending accounts (FSAs), beginning with the Coronavirus Aid, Relief and Economic Security (CARES) Act in March 2020 through Internal Revenue Service (IRS) guidance issued March 26, 2021.
On March 12, 2021, New York enacted legislation requiring that all employers in the state provide paid leave time to their employees in order to receive COVID-19 vaccinations.
As briefly mentioned in a recent Vorys’ client alert, the Consolidated Appropriations Act, 2021 (CAA), signed December 27, 2020, requires that a group health plan and issuers that cover mental health/substance abuse disorder (MH/SUD) “perform and document” a comparative analysis of any non-quantitative treatment limitations that apply to the plan.
Jennifer Bibart Dunsizer
Dawne McKenna Parrish
Christine M. Poth
Jacquelyn Meng Abbott
Wendy M. Swary
Elizabeth Howard