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Category Archives: Benefits Counseling

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HHS Issues New Set of FAQs on Determining Essential Health Benefits

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

Posted in Agency Rulemaking, Health and Welfare Plans, Healthcare Reform

HHS 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

Posted in Agency Rulemaking, Health and Welfare Plans, Healthcare Reform, Reporting & Filing

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

Posted in Agency Rulemaking, Health and Welfare Plans, Healthcare Reform, Reporting & Filing

IRS Publishes Interim Report on Section 401(k) Compliance Check Questionnaire

By Melissa B. Kurtzman On February 3, 2012, the Internal Revenue Service (IRS), published its Interim Report on Section 401(k) Compliance Check Questionnaire (“Interim Report”).  The Interim Report is significant because, according to the IRS, 401(k) plans have become the most prevalent form of retirement plans in the United States – with more than 500,000… Continue Reading

Posted in Benefits Counseling

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

Posted in Agency Rulemaking, Health and Welfare Plans, Healthcare Reform

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

Posted in Agency Rulemaking, Benefits Counseling

The U.S. Government Accountability Office (GAO) Issues MHPAEA Survey Report

By Adam J. Peters The U.S. GAO has issued a November 2011 report summarizing study results on employers affected by the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Act of 2008 (the MHPAEA).  The report analyzes trends in health insurance coverage based on information gathered from direct responses by a random sample… Continue Reading

Posted in Benefits & Wellness, Benefits Counseling

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

Posted in Agency Rulemaking, Benefit Claim Litigation, Health and Welfare Plans, Healthcare Reform

Reports Provide Insight into Employer-Provided Healthcare Costs, Efforts to Stem Expenses

By Ilyse Schuman Two recently-released healthcare studies indicate that the rise in employer-provided healthcare coverage costs is part of a long-term trend, and that employers are taking affirmative steps to counter this escalation. The first survey, conducted by the Mercer consulting firm, suggests that while healthcare costs have increased over the years, the pace of… Continue Reading

Posted in Benefits & Wellness, Health and Welfare Plans, Healthcare Reform

Agencies Delay SBC Application Date, Issue New Guidance on MHPAEA

By Ilyse Schuman The Departments of Labor, Treasury, and Health and Human Services (HHS) have issued a new set of frequently asked questions (FAQs) announcing the delay of the Affordable Care Act’s summary of benefits and coverage (SBC) requirements for insurers and health plans, and providing guidance on the Paul Wellstone and Pete Domenici Mental… Continue Reading

Posted in Benefits & Wellness, Health and Welfare Plans, Healthcare Reform

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

Posted in Agency Rulemaking, Benefits Counseling

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.

Posted in Agency Rulemaking, Benefits Counseling

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

Posted in Agency Rulemaking, Benefits Counseling