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Senior Specialist 401k Recordkeeping T Bank N.A.
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Greenline Wealth Management
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Guest Article
(From the November 17, 2008 issue of Deloitte's Washington Bulletin, a periodic update of legal and regulatory developments relating to Employee Benefits.)
Effective January 1, 2009, group health plans, group health insurance issuers, and health insurance coverage in the individual market, must comply with the final regulations issued under the Newborns' and Mothers' Health Protection Act. Exemptions exist for health insurance coverage required under state law that meets certain requirements. With only a few clarifying changes from the interim final regulations, most plans, issuers and coverage subject to the final regulations will likely find compliance in 2009 not much different from that in 2008. 73 FR 62410 (October 20, 2008).
Hospital Length of Stay Protections Following Childbirth
Enacted in September 1996, the Newborns' and Mothers' Health Protection Act of 1996, P.L. 104-204 (the "Newborns Act") added provisions to ERISA and the Public Health Service Act to provide protections for mothers and their newborn children regarding hospital lengths of stay following childbirth. Shortly thereafter, the Taxpayer Relief Act of 1997, P.L. 105-34 (together with the Newborns Act, the "Act"), added parallel provisions to the Internal Revenue Code. Essentially, the Act prohibits group health plans and health insurance issuers from restricting mothers' and newborns' hospital length of stay in connection with childbirth to less than 48 hours following vaginal delivery or 96 hours following delivery by cesarean section. The Act added new IRC §9811, ERISA §711, and PHSA §§2704 and 2751.
Overview of Interim Regulations
In October 1998, interim final regulations regarding the group market provisions were issued jointly by the Secretaries of Treasury, Labor and Health and Human Services, while the regulations regarding the individual market were issued solely by the Department of Health and Human Services. 63 FR 57546 (October 27, 1998). The interim regulations set forth the following key concepts and requirements:
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Changes Made in Final Regulations
In general, the final regulations do not change the interim final rules. The following changes, however, may be worthy of note.
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Effective Dates
The final regulations are effective December 19, 2008. They apply to group health plans and group health insurance issuers for plan years beginning on or after January 1, 2009. Similarly, they apply to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 2009.
The information in this Washington Bulletin is general in nature only and not intended to provide advice or guidance for specific situations.
If you have any questions or need additional information about articles appearing in this or previous versions of Washington Bulletin, please contact: Robert Davis 202.879.3094, Elizabeth Drigotas 202.879.4985, Mary Jones 202.378.5067, Stephen LaGarde 202.879-5608, Erinn Madden 202.572.7677, Bart Massey 202.220.2104, Mark Neilio 202.378.5046, Tom Pevarnik 202.879.5314, Sandra Rolitsky 202.220.2025, Tom Veal 312.946.2595, Deborah Walker 202.879.4955. Copyright 2008, Deloitte. |
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