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Telehealth Safe Harbor Extended

By Bethany Bacci, Gabby Hansen & Mark Houk on February 3, 2023
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High deductible health plan (“HDHP”) sponsors take note: the Continuing Appropriations Act, 2023 (“CAA23”) temporarily extends the flexibility for HDHPs to provide pre-deductible coverage of telehealth services without affecting the ability to contribute to a HDHP participant’s Health Savings Account (“HSA”).

As we discussed, due to relief first provided in the CARES Act and then extended in Consolidated Appropriations Act, 2022 (“CAA22”), HDHP participants were permitted to receive pre-deductible coverage of telehealth and remote care services during the COVID-19 pandemic without adversely affecting their ability to make or receive contributions to an HSA, except for a few months in the beginning of 2022. This relief was set to expire on December 31, 2022. CAA23 extends this relief through plan years that begin before January 1, 2025.

To continue to offer telehealth services in accordance with the safe harbor or add this benefit, action items for HDHP sponsors include:

  • Adopt plan amendments to document the availability of this benefit.
  • Communicate to participants that this benefit is still available or is newly available. This could require revisions to communications sent prior to CAA23, such as open enrollment materials. Changes to a group health plan’s coverage of telehealth services must be communicated to plan participants in accordance with applicable law.
  • Sponsors of non-calendar year HDHPs should consider how the extension of the safe harbor applies to months of the 2022 plan year that fall in 2023. There appears to be a gap in the relief for these months.

Plan sponsors with questions on the particulars of how this relief applies to them are encouraged to contact a member of the Stoel Rives LLP Employee Benefits practice group.

Photo of Bethany Bacci Bethany Bacci

Bethany Bacci is a member of Stoel Rives’ Employee Benefits Group and counsels public and private employers on how to stay in compliance with the Internal Revenue Code, ERISA, HIPAA, COBRA, and the other statutory and regulatory regimes; qualified and nonqualified retirement plans…

Bethany Bacci is a member of Stoel Rives’ Employee Benefits Group and counsels public and private employers on how to stay in compliance with the Internal Revenue Code, ERISA, HIPAA, COBRA, and the other statutory and regulatory regimes; qualified and nonqualified retirement plans; health and welfare plans; and executive compensation arrangements. In an ever-changing regulatory environment, Bethany assists clients with staying on top of legal developments and current industry trends, including everything from pension derisking to changes in health care reform. In corporate transactions, she assists clients with identifying potential liability, assessing risks, and analyzing opportunities for synergy. She regularly handles plan spinoffs and mergers. Bethany has been listed in The Best Lawyers in America© in the Employee Benefits (ERISA) Law practice area for 2013 to 2019.

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Photo of Gabby Hansen Gabby Hansen

Gabby Hansen is an associate in Stoel Rives’ Benefits, Tax and Private Client group. Gabby counsels clients on various employment law-related issues with a focus on employee benefits. Gabby has experience assisting private and public employers. She provides strategic advice to clients so…

Gabby Hansen is an associate in Stoel Rives’ Benefits, Tax and Private Client group. Gabby counsels clients on various employment law-related issues with a focus on employee benefits. Gabby has experience assisting private and public employers. She provides strategic advice to clients so that they can avoid common issues and navigate compliance concerns smoothly. In addition to advice, she enjoys drafting plan documents and assisting clients with health and welfare and retirement plan set-up and design changes.

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  • Posted in:
    Health Care, New to the Community
  • Blog:
    Health Law Insider
  • Organization:
    Stoel Rives LLP
  • Article: View Original Source

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