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[Guidance Overview]
IRS Provides Relief for Certain Cafeteria Plan Rules During 2020 and Indexes the $500 Carryover Amount for Flexible Spending Accounts
"Notice 2020-29 generally allows a plan amendment to permit mid-year changes in elections during 2020, extend the end date of the permitted grace period under a Health FSA or [dependent care] FSA for using unused amounts from the 2019 plan year, and, for HDHPs, provide retroactive relief for telehealth services. Notice 2020-33 generally increases from $500 to $550 the permitted carryover of unused amounts remaining as of the end of a plan year in a Health FSA and permits health plans to reimburse individual
insurance policy premium expenses for the current plan year that are incurred prior to the beginning of the plan year.... Corresponding amendments to plan documents can be retroactive but must be made by December 31, 2021."
Cheiron
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D.C. Circuit Court Affirms Judgment That Struck Down Rule Mandating Price Disclosure in Pharmaceutical Ads
"The court of appeals largely focused on the scope of rulemaking authority that is granted by statutory language authorizing the promulgation of rules for 'administration' of a federal program.... Although the court closed with the caveat that 'nothing in this opinion holds that the Secretary is categorically foreclosed from regulating pharmaceutical advertisements,' it left little doubt that compelled price disclosure of the type required by the rule was beyond the agencies' authority[.]" [Merck & Co. v. HHS, No. 19-5222 (D.C. Cir. Jun. 16, 2020)]
Holland & Knight
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Employee Benefits Matters in Due Diligence -- Now More Than Ever
"While the Employee Benefits expense line item on an income statement has become increasingly more meaningful, major changes and compliance concerns have been relatively quiet since 2013. That has now changed. COVID-19's long-term impact on the U.S. healthcare system is a completely different ballgame."
ABD Insurance & Financial Services
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BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2020 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.
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