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[Guidance Overview]
"HHS would expand the right to inspect to add a new right for individuals to take notes, videos, and photographs of PHI -- and to use other personal resources to view and capture PHI -- in a designated record set (at a mutually convenient time and place). CEs could not impose fees relating to this new inspection right." 
Thomson Reuters Practical Law
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"All group health plans that are non-grandfathered under the [ACA] must cover the vaccine without cost sharing. The federal agencies have not yet stated when the '15 business day' time period for coverage must begin. We're using January 1, 2021, as that is 15 business days after the vaccine was authorized, but the date could be changed in the future." 
Segal
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"The US Court of Appeals for the Ninth Circuit has held that plan participants requiring specialty medications for treatment of HIV/AIDS stated a claim for disability discrimination under Section 1557 of the [ACA]. The participants alleged that a pharmacy benefit manager's (PBM's) policy required them to obtain specialty medications through its designated specialty pharmacy for those medications to be considered in-network benefits available at a lower price." [Doe v. CVS Pharmacy, Inc., No. 19-15074 (9th Cir. Dec. 9, 2020)] 
Thomson Reuters Practical Law
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"The Department of Justice is seeking to block Harvard Pilgrim Health Care's proposed merger with Health Plan Holdings unless it divests the Tufts Health Freedom plan, officials said Tuesday.... The department proposed a settlement at the same time, approving UnitedHealth Group or an alternative approved buyer of Tufts Freedom, part of Health Plan Holdings' commercial health insurance business in New Hampshire." 
FierceHealthcare
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"Even with the repeal of the individual mandate, 1095-B reporting is still required. The IRS uses this information to enforce the employer mandate. It is also used when determining premium subsidy eligibility in the ACA marketplace." 
Hall Benefits Law
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28 pages. "This 2020 Report includes a cross-section of PBMs, with large and small, 'carve-out' and 'carve-in' organizations ... [The] report publicly identifies the Participating PBMs' comparisons in graph form for each section [and includes] educational articles ... ranging from Opioid treatment to maximizing PBM Audits, and understanding CoPay Assistance programs.... [By] sharing their policies, programs, and results, [the] participating PBMs are already demonstrating a degree of transparency[.]" 
National Alliance of Healthcare Purchaser Coalitions
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[Opinion]
"Between 6 percent and 13 percent of people in nonelderly households covered by employer insurance could pay lower premiums through a marketplace plan if the firewall were lifted. The vast majority of those benefitting would be low- or middle-income families. Residents of southern states would particularly benefit, since their employee plan premiums often take up a larger percentage of household income than the national average." 
The Commonwealth Fund
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Benefits in General
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[Guidance Overview]
"The final regulation applies to ERISA-covered retirement and health and welfare plans that hold shares of corporate stock, whether directly or through ERISA-covered intermediaries like common trusts, master trusts, pooled separate accounts, and 103-12 investment entities. The final rule does not affect employee benefit plans with respect to stock held through registered investment companies. The final regulation provides that the fiduciary duty to manage plan assets consisting of shares of stock includes managing the related shareholder rights." 
Thomson Reuters Practical Law
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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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