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200 Matching News Items

1.  Full Text: October 2004 Issue, Current Developments in Employee Benefits Published by Ballard Spahr (PDF)
Ballard Spahr LLP Link to more items from this source
Oct. 26, 2004
10 pages. The edition includes: New COBRA Notice Requirements, DOL Publishes Final Regulations on Automatic Rollover Safe Harbor, Deadline Looms for Compliance with HIPAA Security Rules, Taxation of Domestic Partner Health Coverage under the New Jersey Domestic Partnership Act, New York City Equal Benefits Law Enacted, IRS Issues Model Amendments for Governmental Section 457(b) Deferred Compensation Plans, and IRS Finalizes Incentive Stock Option Regulations.
2.  Law Firm to Offer Opinion Letters on Tax-Qualified Status of Plan Documents in Response to Change in IRS Program
Ballard Spahr LLP Link to more items from this source
Dec. 7, 2016
"The [IRS] has largely ended its determination letter program by which sponsors of individually designed retirement plans can obtain confirmation that their plan documents are tax-qualified.... Effective January 1, 2017, the IRS will issue determination letters only when a plan is initially established or terminated.... In response to the void created by the IRS, Ballard Spahr has developed a new Retirement Plan Opinion Letter Program. Under the Program, Ballard Spahr will review an individually designed retirement plan document (and any amendments) and issue an opinion letter regarding the plan document's tax-qualified status. For most plan sponsors, we anticipate providing our new service on an annual basis (for a flat fee) to address qualification requirements as they are updated each year."
3.  HIPAA Breach Notifications: A Question of Timing
Ballard Spahr LLP Link to more items from this source
Jan. 4, 2024
"Sometimes an investigation takes months to complete, and the HIPAA deadline for providing notice may have passed before a health plan or health care provider even knows who was affected by the breach and is entitled to notice. Plan administrators ... need to consider how and when they can provide appropriate notice to individuals ... taking into account HIPAA's requirements, the terms of the applicable business associate agreement, concerns about causing undue alarm, and other factors."
4.  Details Upon Details: Compliance Under MHPAEA's New Proposed Regs
Ballard Spahr LLP Link to more items from this source
Aug. 15, 2023
"The analysis requires an examination of each NQTL, its underpinnings, application to benefits, and outcomes. The analysis needs to be thoroughly documented with the documentation available to the [DOL, HHS and Treasury], applicable state authorities, and plan participants on request.... Health plan sponsors will need to work with their insurers or other plan vendors to gather the information, perform the evaluations, and document the analysis in compliance with the requirements."
5.  Agency FAQs Close a Gap Between No Surprise Billing Rules and ACA Cost-Sharing Limits
Ballard Spahr LLP Link to more items from this source
July 11, 2023
"The FAQs make it clear that, for services within the ambit of the No Surprise Billing Rules, either the No Surprise Billing rules or the [ACA] cost-sharing limits will apply. The determination is based not on a formal designation of whether a provider is in-network or out-of-network, but on whether a plan makes its payment under a contractual arrangement with the provider. If it does, the plan participant's costs will be subject to the cost-sharing limits. If not, the No Surprise Billing rules will apply."
6.  FAQs Provide Guidance on Preventive Care
Ballard Spahr LLP Link to more items from this source
Apr. 19, 2023
"The FAQs confirm that the Departments view the court's ruling as applying only to A and B recommendations by the [USPTF]. The Departments encourage continued coverage of preventive care services that have been invalidated and plan to issue further guidance. High-deductible health plans may continue to treat preventive care services invalidated by the court's ruling as preventive care that is not subject to the required deductible." [Braidwood Management, Inc. v. Becerra, No. 20-0283 (N.D. Tex. Mar. 30, 2023; notice of appeal filed Mar. 31, 2023)]
7.  Proposed Treasury Regs on Forfeitures Would Require Changes to Tax-Qualified Retirement Plans
Ballard Spahr LLP Link to more items from this source
Mar. 7, 2023
"The deadline for using plan forfeitures has never been clear.... The new proposed regulations provide some flexibility for plan administrators but also may require plans to be amended ... If finalized, the new proposed regulations would be effective for plan years beginning on and after January 1, 2024."
8.  Strike Two: Court Again Invalidates No Surprises Dispute Resolution Procedure
Ballard Spahr LLP Link to more items from this source
Feb. 14, 2023
"A district court has again struck down significant portions of dispute resolution provisions in regulations under the No Surprises rules, despite revisions to those rules aimed to address concerns previously raised by the court. The court's ruling strips away some of the procedural guidelines for arbitrators in evaluating evidence presented in No Surprises disputes and leaves more to an arbitrator's discretion." [Texas Medical Association v. HHS, No. 22-372 (E.D. Tex. Feb. 6, 2023)]
9.  Spring Cleaning: Preparing for the COVID Emergency's End
Ballard Spahr LLP Link to more items from this source
Feb. 12, 2023
"As the CARES Act expanded access to the COVID-19 vaccine for many group health plan participants, employers should perform a holistic review of their COVID-19 vaccine strategy. If the national emergency ends on May 11, 2023, the Outbreak Period, which suspended several important health plan deadlines for up to one year, will expire July 10, 2023."
10.  Colorado FAMLI Act Compliance Required Now
Ballard Spahr LLP Link to more items from this source
Jan. 11, 2023
"As of January 1, 2023, all Colorado employers are required to post or otherwise provide employees with the state-issued FAMLI Program notice ... and also begin deducting employees' shares of FAMLI Program premiums from employee paychecks, where applicable."
11.  Reviewing the Welfare Plan Rules Under the Consolidated Appropriations Act, 2021
Ballard Spahr LLP Link to more items from this source
Jan. 4, 2023
"New requirements for maintaining an interactive tool for providing health plan participants with provider-specific information about the amount they will need to pay for services (and other useful information) apply, beginning in 2023. Health plan sponsors should be on the lookout for new guidance and enforcement efforts, including the issuance of forms for them to attest to their compliance with the anti-gag rules."
12.  Last-Minute Reprieve for HSA-Compatible Telehealth Benefits
Ballard Spahr LLP Link to more items from this source
Dec. 29, 2022
"Although this safe harbor has proved valuable, particularly for individuals with mental health and substance use disorders, it is not mandatory. Plan sponsors are not required to offer subsidized telehealth benefits (or even offer a telehealth option at all). The late timing of this extension may mean that employers wishing to take advantage of this safe harbor will need to communicate the change to employees and perhaps issue a summary of material modifications (SMM) to correct any previously issued 2023 benefit summaries that described a roll-back of the subsidized telehealth benefit."
13.  IRS Adjusts Figure Applicable to Employer Mandate
Ballard Spahr LLP Link to more items from this source
Aug. 21, 2022
"[S]ome employers may find that the contributions that low-wage employees must pay for coverage under their health plans in 2023 will cause that coverage to be deemed unaffordable. If that occurs, the employer will need to pay an assessment for each full-time employee who forgoes employer coverage and instead obtains subsidized coverage through an ACA health insurance exchange. That assessment is calculated for each month in which coverage remains unaffordable. For 2022, the amount was $343.33 per month ($4,120 for an entire year)."
14.  Philadelphia Employers Soon Must Provide Commuter Benefits
Ballard Spahr LLP Link to more items from this source
June 21, 2022
"The 'Employee Commuter Transit Benefit Programs,' would apply to employers with 50 or more 'covered employees.' Covered employees must be offered a pre-tax payroll deduction for mass transit expenses, qualified bicycle expenses, or an employer-paid benefit for a fare instrument.... Once implemented into law, this ordinance would take effect on December 31, 2022."
15.  Crypto and Digital Currencies Are Here to Stay: But Are They Welcome in Your 401(k)? (PDF)
Ballard Spahr LLP, via Bloomberg Tax Management Compensation Planning Journal Link to more items from this source
May 9, 2022
"The tone of the [DOL's] Compliance Assistance will undoubtedly serve to chill most plan sponsors from recommending and offering crypto in their investment lineups. However, as the regulatory landscape becomes more established, and the ability to value crypto becomes more consistent and reliable, it is possible that the DOL may have a change of heart similar to its position on the inclusion of ESG-related investments as plan assets."
16.  Technical Guidance Issued on Transparency in Coverage Regs
Ballard Spahr LLP Link to more items from this source
Apr. 25, 2022
"The new guidance ... [provides] enforcement safe harbors for satisfying the reporting requirements where reimbursement arrangements do not permit the plans and issuers to accurately derive specific dollar amounts in advance, or where the rates are not supported by the schema established by the [transparency in coverage] rules or additional context is required."
17.  The CAA's New Rules for Health Care Provider Directories
Ballard Spahr LLP Link to more items from this source
Feb. 7, 2022
"Health plans and insurers must regularly verify the information in their provider directories and promptly update that information ... In the event an enrollee is misled by a provider directory and mistakenly receives care from an out-of-network provider, the enrollee's liability will be limited to an in-network cost-sharing amount, with that amount applied to the in-network deductible and out-of-pocket maximum."
18.  Health Plan Fiduciaries Must Solicit Information from Brokers and Consultants
Ballard Spahr LLP Link to more items from this source
Jan. 26, 2022
"Plan fiduciaries should consider taking the following actions: [1] Identifying and assigning internal responsibility for soliciting and evaluating required information from brokers and consultants. [2] Introducing contractual obligations on brokers and consultants to provide the required information ... [3] Developing the means to evaluate the information received ... [4] Assessing whether the compensation is, in fact, reasonable[.]"
19.  Understanding the 'No Surprises' Rules
Ballard Spahr LLP Link to more items from this source
Jan. 16, 2022
"The No Surprises Rules also introduce a negotiation and dispute resolution process for situations where the health plan and provider do not agree that the plan's ordinary payment is appropriate. The rules set a strong presumption as to the amount ... The rules ... [include] information that plans will need to provide to participants about the expected costs and benefits for a service subject to the rules. This requirement is delayed, pending further guidance."
20.  Health Plan Coverage Required for COVID-19 Testing
Ballard Spahr LLP Link to more items from this source
Jan. 11, 2022
"Although plans may not apply medical management to the purchase of over-the-counter test kits, they may implement reasonable steps to prevent fraud or abuse.... Plan sponsors are allowed to amend their plans to address the new guidance without satisfying notice requirements for modifications."
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