The IRS issued a notice that addresses many of the questions employers have raised about flexible spending accounts (FSAs) in view of the new rules set forth in the Consolidated Appropriations Act (CAA). The CAA provides temporary relief for concerns raised by the COVID-19 pandemic by allowing: 1. temporary expansions of the opportunity to carry forward unused FSA contributions or to apply those unused contributions to expenses during a grace period in the following year;…

The new year began with an unusual amount of activity related to the Health Insurance Portability and Accountability Act (HIPAA). Health care providers, health plans, health care clearinghouses, and business associates subject to HIPAA will need to consider three significant developments—one regulatory, one legislative, and one judicial—relating to the Privacy and Security Rules under HIPAA and the related Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). Regulatory Prior to the departure…

Summary The Equal Employment Opportunity Commission (EEOC) announced it will issue much-anticipated guidance that revises its nondiscrimination rules for wellness programs under the Americans with Disabilities Act (ADA) and Genetic Information Nondiscrimination Act (GINA). The Upshot The two sets of proposed regulations replace rules the EEOC withdrew in 2018 after a federal district court invalidated key provisions on incentive limits on the grounds that the EEOC had not appropriately justified the limits it set.…

This alert is the latest in a series from our Employee Benefits and Executive Compensation and Health Care Practice Groups about the most recent federal stimulus bill.  We provided an overview of how the law addresses new substantive requirements for health plans and health care providers, see the Health Insurance/Provider Provisions section here.  We addressed what the law means for flexible spending arrangements (FSAs) here and went in-depth on the health care price and…

On December 27, 2020, President Trump signed Congress’ most recent stimulus bill into law, covering $900 billion in economic relief for businesses and individuals impacted by the COVID-19 pandemic. The law addresses new substantive requirements for health plans and health care providers, including new restrictions on non-participating provider billing (so-called “surprise medical bills”), rules related to the transparency of health care costs and quality of care information, and other health care consumer protections. We briefly…

President Trump signed additional COVID-19 relief legislation (H.R. 133) into law on December 27, 2020. The deal includes a $900 billion economic stimulus package that will provide relief benefits to businesses and individuals impacted by the COVID-19 pandemic. The following is a summary of some of the provisions that will have a major impact: Financial Support for Businesses PPP Loan Recipients The legislation includes more than $280 billion for additional PPP loans. It includes: (1)…

Summary The U.S. Supreme Court unanimously upheld an Arkansas statute that regulates the price that pharmacy benefit managers (PBMs) pay retail pharmacies for prescription drugs. The Upshot Act 900 in Arkansas regulates the price paid by PBMs for the cost of drugs purchased at retail pharmacies through mechanisms designed to ensure that the pharmacy would at least recover the cost that it is able to negotiate with a typical wholesaler selling the drug. An association…