MEWAs now required to file?!

[Guest Beth N]

On February 11th the DOL adopted an interim final rule requiring MEWAs to file a new form - the "M-1" - by May 1st. I saw nothing in any daily journals or other news reports about this new requirement, and just found out about it recently. Thankfully, the DOL doesn't intend to assess the $1,000/day penalty this year, but the form is still due. Was I asleep when this was announced, or is anyone else surprised by this? Has anyone had any experience with filing the forms?

[Ron Snyder]

I learned about this gift from DOL on May 15th, already too late to file. We contacted them, however, and they were already aware that word had not gotten out. Since this is the first year of this filing requirement, they are adopting a liberal policy (or so they say) toward the forgiveness of late filing charges. (But not, apparently for non-filings.)

When is a health plan a health plan? The purpose of the form seems to be to ascertain compliance with COBRA, HIPAA, MHPA, etc. However, if a plan provides any medical benefit it must file the form, whether the benefit is subject to those rights or not. Examples of non-standard health plans include: standalone vision plans, retiree health account plans, long-term care plans, etc. We went ahead and filed even though we did not believe that some plans were subject to the M-1 requirement. However, we attached an explanation of our analysis of the situation, in hopes that they get the form and instructions corrected for next year (if there is a form next year).