compliance

Final 2022 Benefit Payment and Parameters Rule

The Centers for Medicare & Medicaid Services (CMS) has released a final rule along with a fact sheet and press release for benefit payment and parameters for 2022. According to CMS, the proposed 2022 benefit payment and parameters rule intended to reduce fiscal and regulatory burdens ...

Compliance Recap | December 2020

December was a busy month in the employee benefits world. President Trump signed the Consolidated Appropriations Act, 2021, which includes the No Surprises Act and other group health plan provisions. The Centers for Disease Control Advisory Committee on Immunization Practices (ACIP) issued two ...

Proposed Rule Amending the HIPAA Privacy Rule

The Office for Civil Rights (OCR) under the Department of Health and Human Services (HHS) (collectively, the Department) issued a proposed rule modifying the Privacy Rule under the Health Insurance Portability and Accountability Act (HIPAA) to support HHS’ Regulatory Sprint to Coordinated Care ...

Proposed Rules on Wellness Programs subject to the ADA or GINA

The Equal Employment Opportunity Commission (EEOC) released unofficial proposed rules for wellness programs subject to the Americans with Disabilities Act (ADA), referred to as the proposed ADA wellness rules, and for wellness programs subject to the Genetic Information Nondiscrimination Act ...

Consolidated Appropriations Act 2021 | Part 3: Temporary Health FSA and DCAP Relief

The Consolidated Appropriations Act, 2021 (Appropriations Act), enacted on December 27, 2020, contains temporary rules to provide relief for participants in health flexible spending arrangements (FSAs) and dependent care flexible spending arrangements (DCAPs) in light of the COVID-19 pandemic. ...

Consolidated Appropriations Act 2021 | Part 2: Broker and Consultant Compensation Transparency, Prohibition on Gag Clauses

Broker and Consultant Compensation ERISA imposes penalties on prohibited transactions between covered benefit plans and individuals who have a relationship with the plan to ensure that these “parties in interest” do not use their influence with the plan for their own benefit or in a manner that ...

Consolidated Appropriations Act 2021 | Part 1: Congress Passes the No Surprises Act

The U.S. Congress has passed the Consolidated Appropriations Act, 2021 (Appropriations Act), which includes the No Surprises Act (Act), after contentious negotiation. As of the publication of this Advisor, President Trump has signaled that he will not sign the Appropriations Act into law until ...

Mandatory Coverage of COVID-19 Vaccines under Group Health Plans

Update: ACIP recommended the Moderna vaccine and revised the vaccine distribution phases On December 11, 2020, the Food and Drug Administration (FDA) issued an Emergency Use Authorization for the Pfizer-BioNTech COVID-19 vaccine (Pfizer vaccine). The following day, December 12, 2020, the ...

Final Rules on Grandfathered Group Health Plan Coverage

In response the President’s Executive Order 13765 “Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal” issued on January 20, 2017, the Department of Health and Human Services (HHS), Department of Labor (DOL), and the Department of the Treasury ...

Compliance Recap | November 2020

November was a relatively busy month in the employee benefits world. The U.S. Supreme Court (Supreme Court) heard oral arguments in the case of California v. Texas, which is the case challenging the constitutionality of the ACA. The Internal Revenue Service (IRS) released the updated ...