On September 13, 2013, the Internal Revenue Service, U.S. Department of Labor and U.S. Department of Health and Human Services, collectively, issued guidance (the "Health Funding Guidance") on the application of two of the market-based health care reforms under the Affordable Care Act ("ACA") to health reimbursement arrangements ("HRAs"), health flexible spending arrangements ("Health FSAs"), employer reimbursement plans and employee assistance programs ("EAPs"). The new guidance is effective for plan years of group health plans beginning on or after January 1, 2014.

- Basics of the New Guidance

The new Health Funding Guidance will impact employer account-based health arrangements (HRAs, Health FSAs and employer reimbursement plans) and EAPs in the following ways starting with the plan year beginning in 2014...