By Ilyse Schuman The Department of Health and Human Services’ Center for Consumer Information and Insurance Oversight (CCIIO) has issued additional guidance (pdf) on the approach the agency plans to take in defining the essential health benefits (EHB) that non-grandfathered insured health plans in the individual and small group markets must cover under the Affordable… Continue Reading
Category Archives: Agency Rulemaking
Subscribe to Agency Rulemaking RSS FeedHHS Releases Model Notices Related to Medical Loss Ratio Requirement
By Ilyse Schuman The U.S. Department of Health and Human Services (HHS) has issued proposed notices that health insurance companies may use for compliance with the new Medical Loss Ratio (MLR) requirements under the Affordable Care Act. The new health care law mandates that health insurers, depending on the size of the insurance market, spend… Continue Reading
Agencies Issue Final Rule on Contraceptive Coverage
By Ilyse Schuman The Departments of Labor, Health and Human Services, and the Internal Revenue Service have issued a final rule that adopts without change interim final regulations that exempt group health plans and group health insurance coverage sponsored by certain religious employers from having to cover certain preventive health services under provisions of the… Continue Reading
DOL Issues New Guidance Related to Affordable Care Act Provisions
By Ilyse Schuman The Department of Labor has issued a new technical release document that provides responses to frequently asked questions (FAQs) about the Affordable Care Act’s automatic enrollment, employer shared responsibility, and the 90-day limitation on waiting periods provisions. In addition to providing guidance on these topics, the document discusses possible approaches under consideration… Continue Reading
Agencies Issue Final Rule Regarding Summary of Benefits and Coverage
By Ilyse Schuman The Departments of Health and Human Services, Labor, and the Treasury have issued final regulations (pdf) under the Affordable Care Act to implement the requirement that group health plans and health insurance issuers provide consumers with a summary of benefits and coverage (SBC) that “accurately describes the benefits and coverage under the… Continue Reading
IRS Proposes to Bless Longevity Insurance
By Susan Katz Hoffman On February 3, 2012, the U.S. Department of Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) issued proposed regulations that would exempt the purchase of a “Qualified Longevity Annuity Contract” (“QLAC”) from the account balance that would have to be distributed under the minimum distribution rules of Internal Revenue Code Section… Continue Reading
The Department of Labor Publishes Final Regulations Regarding 408(b)(2) Fee Disclosures
By Joni L. Andrioff and Lisa A. Taggart On February 3, 2012, the Department of Labor (“DOL”) published final regulations setting out the fee disclosure rules for persons or entities providing services to retirement plans governed by ERISA. See Treas. Reg. §2550.408-2; 77 Fed. Reg. 023 (Feb. 3, 2012) pgs. 5632-5659. These regulations detail the… Continue Reading
Agencies Outline Plans for Issuing Rules under Affordable Care Act
By Ilyse Schuman On January 20, 2012 various federal agencies released their regulatory agendas for the coming year. These documents describe which rules agencies such as the U.S. Department of Health and Human Services (HHS) and the Department of Labor’s Employee Benefits Security Administration (EBSA) intend to develop and/or issue in proposed and final form… Continue Reading
The IRS Reduces Its Program for Requesting Tax Status Determination Letters
By Adam J. Peters On January 3, 2012, the Internal Revenue Service (IRS) issued Revenue Procedure 2012‑6, which formally changes and eliminates certain features of its determination letter program for qualified retirement plans. According to an earlier announcement of these changes (in IRS Announcement 2011-82), the IRS concluded that the features being eliminated are “of… Continue Reading
IRS Revises Guidance on Form W-2 Informational Healthcare Coverage Reporting Under PPACA
By Sean D. Brown On January 3, 2012, the IRS issued Notice 2012-9, which restates and amends prior interim guidance on the new requirement under the Patient Protection and Affordable Care Act (PPACA) that employers provide informational reporting to employees of the cost of their employer-sponsored group health plan coverage on Form W-2.
New Puerto Rico Treasury Department Guidance on Issuance of Favorable Determination Letters for Qualified Plans
By Employee Benefits Practice Group The Puerto Rico Treasury Department (“PR Treasury”) recently issued guidance on procedures for obtaining new favorable determination letters with respect to retirement plans intended to be qualified under the Puerto Rico Internal Revenue Code of 2011 (the 2011 PR Code). The new guidance, which is effective January 1, 2012, is… Continue Reading
HHS Proposes Framework for Meeting Essential Health Benefits Requirement Under Affordable Care Act
By Ilyse Schuman On December 16, 2011, the Department of Health and Human Services’ Center for Consumer Information and Insurance Oversight (CCIIO) released an essential health benefits bulletin (pdf) that describes a proposed regulatory approach that the HHS will use to define essential health benefits (EHB) under the Affordable Care Act. The health care reform law… Continue Reading
DOL Revises Electronic Fee Disclosure Guidance for Pension Plans
By David M. Sawyer The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) recently issued Technical Release 2011-03R. Technical Release 2011-03R revises and clarifies Technical Release 2011-3, [pdf.] which was issued by the EBSA on September 3, 2011, as an interim enforcement policy regarding the use of electronic media to satisfy the pension plan disclosure requirements… Continue Reading
Department of Labor Proposes New Rules Affecting Multiple Employer Welfare Arrangements
By Vincent J. Mersich Multiple Employer Welfare Arrangements (MEWAs) are typically utilized by smaller employers as an alternative to other traditional forms of health insurance. In 2010, the Affordable Care Act amended ERISA to address certain perceived regulatory issues with respect to MEWAs. On Monday, December 5, 2011, the Department of Labor published proposed rules… Continue Reading
HHS Issues Final Rule Implementing CO-OP Program Under Affordable Care Act
By Ilyse Schuman The U.S. Department of Health and Human Services (HHS) has issued a final rule (pdf) implementing the Consumer Operated and Oriented Plan (CO-OP) program under the Affordable Care Act. The CO-OP program is designed to provide loans to encourage the creation of consumer-governed, private, nonprofit health insurance issuers that will ultimately offer… Continue Reading
HHS Issues Final Rule Addressing Issues Related to Affordable Care Act’s Medical Loss Ratio Requirements
By Ilyse Schuman The Department of Health and Human Services’ Centers for Medicare & Medicaid Services (CMS) has issued a final rule (pdf) regarding certain issues associated with the Affordable Care Act’s medical loss ratio (MLR) requirements. The new health care law mandates that health insurers, depending on the size of the insurance market, spend… Continue Reading
IRS Further Extends Code Section 436 Amendment Deadline and Anti-Cutback Relief and Provides Sample Amendment
By J. René Toadvine and Sean D. Brown On November 29, 2011, the Internal Revenue Service issued Notice 2011-96 (pdf), which further extends the deadline for adopting pension plan amendments to reflect the requirements of Internal Revenue Code (“Code”) Section 436. The Notice also further extends the period during which amendments adopted to comply with Code… Continue Reading
HIPAA Privacy and Security Audits Begin in November 2011
By Sean D. Brown The HITECH Act, enacted as part of the American Recovery and Reinvestment Act of 2009, requires the United States Department of Health and Human Services (“HHS”) to perform periodic audits of covered entities and business associates to ensure compliance with the privacy and security rules under the Health Insurance Portability and… Continue Reading
IRS Healthcare Coverage Reporting Requirement Remains Voluntary for 2011
By Employee Benefits Practice Group Recently, the Internal Revenue Service (IRS) hosted a webinar entitled “Reporting of Employer Healthcare Coverage on Form W-2.” In the webinar, which provided a concise, useful overview of the Form W-2 healthcare coverage reporting requirements under the Affordable Care Act, the IRS was quick to note that employers will only… Continue Reading
DOL Finalizes Investment Advice Regulations
By Steve Friedman and Sean Brown The Department of Labor’s Employee Benefits Security Administration (“EBSA”) recently issued final investment advice regulations (pdf) that are intended to make fiduciary investment advice more accessible for Americans who participate in 401(k)s and/or individual retirement arrangements (IRAs). When it comes to employer-sponsored plans, this new rule provides employers with… Continue Reading
DOL Issues Its Final Rule on Prohibited Transaction Exemption Procedures
By Adam J. Peters The Department of Labor’s Employee Benefits Security Administration (EBSA) issued a final rule on October 27, 2011, governing the process for filing requests for administrative exemptions from the prohibited transaction provisions under the Employee Retirement Income Security Act (ERISA). ERISA’s design includes numerous safeguards to prevent employee benefit plan fiduciaries from self-dealing… Continue Reading
IRS Announces Pension Plan Limitations for Tax Year 2012
By Ilyse Schuman The Internal Revenue Service has released a detailed list of pension plan and other retirement-related contribution limitations for the Tax Year 2012 that were triggered by an increase in the cost-of-living index. Read the full post on the IRS announcement on Littler’s Washington DC Employment Law Update blog.
EBSA to Re-Issue Proposed Rule Re-Defining “Fiduciary” Under ERISA
By Ilyse Schuman The Department of Labor’s Employee Benefits Security Administration (EBSA) has decided to re-propose a rule that would more broadly define who constitutes a “fiduciary” for the purposes of rendering investment advice under the Employee Retirement Income Security Act (ERISA). Continue to read the full post on the EBSA’s decision on Littler’s Washington DC Employment… Continue Reading