Federal Agencies Issue Additional FAQs on Various Provisions under the Affordable Care Act


The U.S. Departments of Labor, Treasury, and Health and Human Services have issued additional guidance on the Affordable Care Act. The guidance primarily takes the form of a new set of frequently asked questions (FAQs).

The new FAQs address a variety of subjects, including:

  • Postponement of the March 1, 2013, effective date to begin distributing Exchange Notices under Section 18B of the FLSA to a date to be determined
  • The types of health reimbursement arrangements (HRAs) that employers may continue to fund on and after January 1, 2014, and transition rules for unused HRA contributions made before January 1, 2014
  • The delay of enforcement action against an Employer Group Waiver Plan (EGWP) providing non-Medicare supplemental drug benefits that do not comply with the health coverage requirements of the Affordable Care Act
  • Guidance on the types of fixed indemnity coverage that are exempt from the health coverage requirements of the Affordable Care Act
  • Payment of PCORI fees from plan assets by a multiemployer plan and certain types of voluntary employee beneficiary associations (VEBAs)

As the federal health care reform effort gained steam, Ballard Spahr attorneys established the Health Care Reform Initiative to monitor and analyze legislative developments. With federal health care reform now a reality, our attorneys are assisting health care entities and employers in understanding the relevant changes and planning for the future. They also have launched the Health Care Reform Dashboard, an online resource center for news and analysis on developments under the Affordable Care Act.

If you have questions about the newly issued FAQs, including their implications for the design, documentation, and communication of HRAs, contact Jonathan M. Calpas at 215.864.8385 or calpasj@ballardspahr.com, or Edward I. Leeds at 215.864.8419 or leeds@ballardspahr.com.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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