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Text of Agency FAQs on ACA Implementation and Mental Health Parity Implementation, Set 5
U.S. Department of Health and Human Services [HHS]; U.S. Department of Labor [DOL] and U.S. Treasury DepartmentLink to more items from this source
[Official Guidance]
Dec. 22, 2010
Among the items covered by the FAQs: automatic enrollment in a group health plan (prescribed by ACA for employers with more than 200 full-time employees) will not be required until regulations are issued; the requirement that 60 days' notice be provided before a material modification is made to a group health plan will not apply until guidance is issued about the ACA's requirement of a summary of benefits and coverage; an example is provided that illustrates how a co-payment requirement can be waived for persons under age 19 despite the new requirement that benefits for dependent children not vary due to age except for children over 26, because the age 19 waiver is available to employees and spouses also covered by the plan; clarifies that small employers (i.e., fewer than 50 employees) still are exempt from the mental health coverage parity requirements despite changes to the definition of small employer made under the [ACA]; and clarifies that the nondiscrimination rules under HIPAA for wellness programs do not apply to a program operated as an employment policy separate from the employer's group health plan, such as payment for gym memberships.

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