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Employer Considerations Concerning the HIPAA Special Enrollment Rule Temporary Extension

On July 20th, CMS issued an open letter to employers, plan sponsors and insurers requesting that they extend the normal 60-day special enrollment period for Medicaid and CHIP terminations of coverage....more

Regulators Issue Further Guidance on Mandatory Coverage of Over-the-Counter COVID-19 Tests

As we previously discussed, federal regulators released FAQs on January 10, 2022 (“January FAQs”), requiring health plans to cover over-the-counter (OTC) COVID-19 tests for all participants during the pandemic, without...more

Health Plans Must Cover Over-the-Counter COVID-19 Tests for All Participants

Federal regulators recently released FAQs providing that health plans are now required to cover over-the-counter (OTC) COVID-19 tests for all participants through the remaining duration of the pandemic, without requiring an...more

IRS Clarifies COBRA Deadlines in Latest Tolling Notice

On Wednesday, the Internal Revenue Service (“IRS”) and Department of Treasury (“Treasury”) released guidance (Notice 2021-58) clarifying certain deadlines relating to COBRA continuation coverage in connection with the ongoing...more

COBRA Subsidy - Part II

The American Rescue Plan Act of 2021 (“ARPA”) includes a provision amending the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) to provide COBRA premium assistance to eligible individuals. The ARPA COBRA...more

Department of Labor Extends and Expands COVID-19 Regulatory Relief for Employee Benefit Plans

In May 2020, the Department of Labor jointly with the Department of Treasury and the Internal Revenue Service (the “Agencies”) released guidance delaying and extending many common deadlines for employee benefit plans. In...more

COVID Relief Bill Changes Health and Dependent Care FSAs for 2020 and 2021

The COVID-relief bill , which included year-end government funding provisions, was signed by President Trump last night. The President signed the law by utilizing the Impoundment Control Act of 1974, and he redlined a number...more

Agencies Provide COVID-19 Regulatory Relief for Employee Benefit Plans

The Department of Labor in connection with other agencies (the “Agencies”) have released guidance delaying and extending many common deadlines for employee benefit plans. In EBSA Disaster Relief Notice 2020-01, the DOL...more

CARES Act Allows Delay of Employer Payroll Tax Payments

An employer is responsible for paying its share (6.2 percent) of Social Security taxes and its share (1.45 percent) of Medicare taxes for each employee’s covered wages. Generally, an employer must deposit such amounts to the...more

CARES Act Clarifies Telehealth Coverage for High Deductible Health Plans

Earlier this week the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) passed the Senate and today has passed the House. President Trump has indicated that he will immediately sign the CARES Act. The Act...more

CARES Act - Provisions Applicable to Tax-Qualified Retirement Plans

Emergency Withdrawals. Participants in defined contribution plans (profit sharing, 401(k), and 403(b) plans) could access their retirement savings now if plans are amended to allow coronavirus-related withdrawals....more

COVID-19 Relief Act Mandates Testing Coverage without Cost Sharing

This afternoon the Senate passed the Families First Coronavirus Response Act, H.R. 6201 (the “Act”) sending it to President Trump’s desk. The President has already indicated that he will sign it. The Act remains unchanged...more

House Updates Coronavirus Legislation Requiring COVID-19 Coverage

Updated from a Previous Post - Early Saturday morning, the House of Representatives passed the Families First Coronavirus Response Act, H.R. 6201 (the “Bill”). As currently drafted the Bill provides a number of COVID-19...more

IRS Provides Coronavirus Deductible and Coinsurance Exception for HDHPs

Today, the IRS issued Notice 2020-15 that allows a high deductible health plan (HDHP) to provide first dollar coverage for both testing and treatment of the coronavirus. This means that claims for testing and treatment may...more

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