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HHS Nondiscrimination Rule Worth Second Look by Employers
Bloomberg BNA Mar. 4, 2016
"Phyllis C. Borzi, assistant secretary of labor [of EBSA], said the [HHS] rule that was proposed in September is a 'trap for the unwary' because employers sponsoring self-funded plans may be operating under a false assumption that it won't apply to them. Under the proposed rule, individuals can't be denied health care or health coverage based on their sex, including their gender identity. The rule would apply to insurance exchanges, any health program that the HHS itself administers and any health program or activity that receives funding from the HHS.... Because most employer-sponsored plans are administered by TPAs and many of those TPAs are also insurance companies that receive federal funds, it's likely that many more plans will be subject to this rule than were initially thought to be[.]"
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