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Understanding the New Continuity of Care Rule

Summary - Under a new rule introduced by the Consolidated Appropriations Act, 2021 (CAA), a health plan or insurer must offer an enrollee the opportunity to elect a transitional period of continued care with a provider...more

Report Highlights Expanded Enforcement of Mental Health Parity and Addiction Equity Act

Summary - The Departments of the Treasury, Labor, and Health and Human Services jointly issued a report to Congress, fulfilling obligations that they have with regard to the Mental Health Parity and Addiction Equity Act...more

Prohibition Against Gag Clauses

Summary - Health plan vendors sometimes impose contractual restrictions on the disclosure of data that they consider to be confidential or proprietary. A number of new rules aim to foster transparency and require...more

Health Plan Fiduciaries Must Solicit Information From Brokers and Consultants

Summary - The Consolidated Appropriations Act, 2021 (CAA) requires the disclosure of information to ensure that brokers and certain consultants receive no more than reasonable compensation for their services....more

Understanding the New Health Care Transparency Requirements

Summary - New rules require group health plans and insurers to disclose pricing information in three phases. This is the third briefing in Ballard Spahr’s series on the Consolidated Appropriations Act, 2021 (CAA) and...more

U.S. Department of Health and Human Services Approves Updates to the List of Preventive Items and Services to be Covered Without...

Revisions to preventive care and screening guidelines will require health plans and health insurance policies to provide 100 percent coverage for additional services for women, adolescents, children, and infants, following an...more

Understanding the Mental Health Parity and Addiction Equity Act

Summary - This is the second briefing in our series on the Consolidated Appropriations Act, 2021 (CAA) and transparency regulations. It concerns a new rule under the Mental Health Parity and Addiction Equity Act (MHPAEA)...more

Understanding the New 'No Surprises Rules'

Summary - The following is the first publication in our series on the Consolidated Appropriations Act 2021 (CAA) and transparency regulations. It concerns the rules designed to prevent surprise billings. These No Surprises...more

Health Plan Coverage Required for COVID-19 Testing

Summary - Health plans now are required to cover the cost of over-the-counter COVID-19 test kits obtained without a health care provider’s prescription or clinical assessment. The new requirement is addressed in a set of...more

Temporary Enforcement Policy Addresses CAA's Health Plan Service Provider Disclosure Requirements

Summary - The U.S. Department of Labor (DOL) has issued a temporary enforcement policy to address frequently asked questions about the requirement for certain service providers to disclose direct and indirect compensation...more

Something to Be Thankful For - IRS Extends Deadline for Distributing ACA Reports

Each year since employers have been required to prepare reports under the employer and individual mandates of the Affordable Care Act, the IRS has extended the deadline for distributing the forms to employees. It appeared as...more

Upcoming Compliance Deadlines for Health and Welfare Plans

Summary - Throughout 2020 and 2021, employers sponsoring health and welfare plans have needed to respond to a myriad of legislative and regulatory changes arising from the COVID-19 pandemic and new health legislation. To...more

IRS Issues New Guidance on COBRA Deadline Extensions

The IRS (with the concurrence of the DOL and HHS) has issued new guidance explaining how the extension of the deadline for paying COBRA premiums will be applied. ...more

Keeping Up With No Surprises

Summary - Two sets of rules were issued last month by federal agencies as part of the No Surprises Act....more

HHS Clarifies Applicability of HIPAA Privacy Rule to COVID-19 Vaccination Status Requests

The U.S. Department of Health and Human Services (HHS) released guidance to address how the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule applies to various entities’ requests for information...more

COVID-19 Vaccination Incentives: Restrictions that Come with Rewards

Summary - A set of Frequently Answered Questions addresses several issues of vital interest to employers in assessing the connection between COVID-19 vaccinations and their health plans....more

Reminder: COBRA Subsidy to End, Notice of Termination Required

The subsidy for COBRA coverage under the American Rescue Plan Act comes to an end on September 30, 2021. There is no indication at this time that the subsidy will be extended....more

Enforcement Delayed Under the New Health Plan Disclosure Requirements

Summary - Three federal agencies, the Departments of Labor, Health and Human Services, and Treasury, jointly released new FAQs on August 20, 2021, regarding compliance with new health plan disclosure requirements of the...more

OCR’s HIPAA Resolution Agreements: the Year Thus Far

The Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) has continued its enforcement of HIPAA’s privacy and security rules in the new administration, announcing a number of settlements of...more

COBRA Premium Subsidies - A Little More Guidance (and a Reminder)

The IRS issued a new notice that provides guidance on a few issues that were not fully addressed in its earlier notice on the Consolidated Omnibus Budget Reconciliation Act (COBRA) premium subsidy requirements set forth in...more

New Regulations Aim to Prevent Surprises in Medical Billing

Summary - The U.S. Departments of the Treasury, Labor, and Health and Human Services, along with the federal Office of Personnel Management have issued interim final regulation under the No Surprises Act aimed at...more

Stand Down – The Affordable Care Act Survives Another Supreme Court Challenge

In a 7-2 decision, the Supreme Court rebuffed a challenge to the constitutionality of the Affordable Care Act, finding that the plaintiffs who challenged the ACA lacked standing to bring the lawsuit....more

Reminder: COBRA Notice Deadline is May 31

This is a reminder that a COBRA notice deadline is approaching. It applies to employers that are subject to the federal COBRA rules....more

IRS Issues Additional Dependent Care FSA Guidance

Following up on guidance issued in February the IRS has issued a new notice on the temporary carryover rules for dependent care flexible spending accounts. The 2021 Consolidated Appropriations Act (CAA) provides that, for...more

IRS Weighs in on ARPA COBRA Subsidy

Summary - The IRS issued guidance on a wide range of questions pertaining to the subsidies that employers are required to offer to COBRA qualified beneficiaries under the American Rescue Plan Act....more

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