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[Guidance Overview]

Mental Health Parity Transparency Requirements in the Consolidated Appropriations Act, 2021

"Plan sponsors now have a statutory obligation to ensure the comparative analyses are performed and should follow up with their TPAs and take steps internally, as necessary, to ensure they are ready to demonstrate compliance with these new requirements." Icon to read more

Morgan Lewis

[Guidance Overview]

EEOC's New Proposed Rules Would Limit Employer Wellness Programs to De Minimis Incentives But Include Significant Exceptions

"The rules would allow employers to offer employees only de minimis incentives for participating in a wellness program. However, there are some significant exceptions, including one that would allow employers to offer employees an incentive of up to 30 percent of the total cost of coverage, if the incentive is in connection with a health-contingent insurance plan." Icon to read more

K&L Gates

[Guidance Overview]

Legislation Requires HHS to Consider Entities' Cybersecurity Practices in Enforcing HIPAA

"Congress has passed and President Trump has signed legislation that amends the Health Information Technology for Economic and Clinical Health Act (HITECH Act) to require HHS, in enforcing HIPAA, to consider whether HIPAA covered entities (CEs) or business associates (BAs) have implemented and applied certain recognized security practices -- including with regard to cybersecurity[.]" Icon to read more

Thomson Reuters Practical Law

[Guidance Overview]

Now That FFCRA Leave Is Purely Voluntary, Here Are Answers to Common Employer Questions

"When tackling FFCRA in 2021, keep in mind two critical principles: FFCRA has always provided for a maximum of 2 weeks/80 hours of emergency paid sick leave (EPSL) and a maximum of 12 weeks of emergency paid FMLA (EFML) between April 1, 2020 and March 31, 2021. No more. As of January 1, 2021, FFCRA effectively has become a tax credit statute. Its substantive provisions no longer are enforceable." Icon to read more

FMLA Insights

[Guidance Overview]

New Year, New COVID-19 Relief for Employers and Plan Sponsors: Flexible Spending Accounts

"Plan sponsors should take note that FSA plans cannot include both a carryover and a grace period extension feature. Plan sponsors should also keep in mind that employees are prevented during any health FSA carryover or grace period from contributing to a health savings account (HSA). In order to maintain flexibility for employees who may wish to move to an HDHP/HSA arrangement at year-end, plan sponsors offering a carryover or grace period may find it beneficial to convert the health FSA of such an employee to a limited-purpose health FSA or in the case of carryovers, permit a waiver by the employee." Icon to read more

Nelson Mullins

[Guidance Overview]

High Risk Issue iconConnecticut Employers Should Be Withholding Employee Contributions Now, Per Paid Family Medical Leave Act

"As of January 1, 2021, employers should have begun withholding employee contributions (0.5% of each paycheck) to the Connecticut Paid Leave Authority Trust Fund. March 31, 2021 -- first quarterly payment due date. June 30, 2021 -- second quarterly payment due date. September 30, 2021 -- third quarterly payment due date. Late 2021 -- employees may apply for benefits." Icon to read more

The Wagner Law Group

[Guidance Overview]

New York Announces 2021 HCRA Covered-Lives Assessment Rates

"The HCRA imposes on 'electing' health claim payers -- including self-funded plans -- an annual [covered lives arrangement (CLA)], which is based on the number of covered individuals (and families) who live in New York. The state lets payers 'elect' to pay the CLA per covered individual directly to the state's Professional Educational Pool.... The CLA rates and surcharges vary among eight regions, and the applicable rate depends on where the covered individual resides or receives in-state hospital care." Icon to read more


Benefits in General

[Guidance Overview]

IRS Proposes Regs for Automatic Deadline Postponements for Federally Declared Disasters

"In addition to extending certain tax filing and tax payment deadlines, the postponements addressed in this guidance include completion of the many time-sensitive, tax-related acts described in IRS Revenue Procedure 2018-58 and Treasury Regulation 301.7508A-1(c)(1), which include filing Form 5500 for retirement plans, completing rollovers, making retirement plan loan payments, etc." Icon to read more


Press Releases

ARA Welcomes its 2021 Board of Directors
American Retirement Association [ARA]

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David Rhett Baker, J.D., Editor and Publisher
Holly Horton, Business Manager

BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2021, 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, 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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