The Fifth Circuit Court of Appeals has stayed the broad application of a district court decision that would have invalidated a number of preventive care requirements under the Affordable Care Act. As a result, health plans, other than those directly
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Charting Developments with the Affordable Care Act and Beyond
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Reminder: Reporting Requirement for Health Care Costs One Month Away
Health plan sponsors and health insurers will need to report prescription drug and other health plan costs (RxDC reporting) for 2022 by June 1, 2023. Unlike the RxDC reporting requirements for 2020 and 2021, this deadline is not expected to…
FAQs Provide Guidance on Preventive Care
Summary
The Departments of Labor, the Treasury, and Health and Human Services have jointly issued FAQs that address the requirement to cover the full cost of certain preventive care services in view of the recent ruling in Braidwood v. Bacerra that invalidated…
Court Invalidates Certain Preventive Care Requirements
Summary
Health plans and insurance policies may no longer be required to cover the full cost of preventive care that carries an A or B rating by the U.S. Preventive Services Task Force (USPSTF), following a recent ruling by a…
Unmuzzled: Time to Attest That No Gags Apply
Summary
The Departments of Labor, Health and Human Services, and the Treasury have issued guidance on how health plans and insurers may attest to their compliance with the anti-gag rules of the Consolidated Appropriations Act, 2021 (CAA).
The Upshot
- The
…
Strike Two: Court Again Invalidates No Surprises Procedure
Summary
The U.S. District Court in the Eastern District of Texas vacated certain provisions of the No Surprises regulations that it found inappropriately placed a “thumb on the scale,” and limited the discretion of arbitrators.
The Upshot
- A district court has again
…
Spring Cleaning: Preparing for the COVID Emergency’s End
Summary
The almost three-year-old COVID-19 national emergency and public health emergency declarations (Declarations) are slated to expire May 11, 2023.
The Upshot
- The end of the Declarations will affect many of the changes that were implemented in employee benefit plans
…
Reviewing the Welfare Plan Rules Under the Consolidated Appropriations Act, 2021
Summary
The Consolidated Appropriations Act, 2021, (CAA) and transparency regulations introduced major changes to health benefit plans. These changes continue to evolve with some requirements just now taking effect.
The Upshot
- Health plan sponsors need to comply with new requirements
…
IRS Finalizes Affordable Care Act Reporting Relief
Since the inception of the annual reporting requirements under the Affordable Care Act for Forms 1094 and 1095, the IRS has been annually extending the deadline for employers to distribute those reports to individuals. In line with prior guidance, the…
Last-Minute Reprieve for HSA-Compatible Telehealth Benefits
With little time to spare before the provisions expired, Congress has extended, and President Biden is set to sign into law, an important safe harbor that allows plan sponsors to continue offering reduced-cost telehealth services without disrupting the ability to…