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2024 Final Regs Complicate MHPAEA Analysis

"To replace QTL/NQTL regulations finalized in 2013, the Departments of the Treasury, Labor, and Health and Human Services proposed regulations in 2023 that solicited 9,503 comments. After review, the Departments issued final regulations on September 10, 2024. The 2024 rules shift the focus of the regulations from the process of applying NQTLs to the outcomes of that application. The key changes are addressed [in this article]."

COBRA Continuation Coverage in Mergers and Acquisitions

"This column describes the COBRA rules as they apply to Mergers and Acquisitions, as well as the risks of non-compliance.... [T]he special COBRA rules that apply in an M&A transaction ... can result in liability on buyers and sellers, as well as members of their respective controlled group ... for noncompliance."

Health Care Plans After Dobbs: What Employers Need to Know

"Make sure you know where your employees are located. In an age of remote work, even employers based in states such as California where the right to abortion healthcare has been confirmed, may have employees working remotely in other states which have restrictive abortion laws.... Set up a system to monitor legal developments in this area, ... at the state, local, and federal levels.... Review all relevant plan documents.... Consider new plans/plan designs.... Review applicable leave laws."

ERISA 408(b)(2) Now Covers Health Plan Payments to Covered Service Providers

"Under the new law, 'covered service providers' that enter into a contract, provide 'brokerage or consulting' services to 'covered' plans, and reasonably expect that compensation to exceed at least $1,000, must disclose all compensation, either direct or indirect, received in relation to such brokerage or consulting services for a health plan.... There is no requirement that the contract be in writing.... Plan fiduciaries will need to request these disclosures, review them to be sure they accurately reflect both the services to be provided and the agreed on amount of compensation as reflected in any written service contract."