For the nearly eight years since the HIPAA Privacy Rule went into effect in April 2003, the U.S. Department of Health and Human Services (HHS) did not impose a single civil monetary penalty for HIPAA violations. The story behind HHS’s first penalty — a whopping $4.3 million imposed on February 22, 2011, against Cignet Health… Continue Reading
Tag Archives: Federal Laws
EEOC Issues Final GINA Regulations
Nearly a year after the employment provisions of the Genetic Information Nondiscrimination Act (GINA) took effect, the Equal Employment Opportunity Commission (EEOC) has issued a final rule (pdf) implementing these sections. Title II of GINA – which took effect on November 21, 2009 – prohibits the use of genetic information in making employment decisions, restricts… Continue Reading
EBSA Clarifies GINA Provisions for Insurance Providers and Group Health Plans
The Department of Labor’s Employee Benefits Security Administration (EBSA) has issued guidance in the form of Frequently Asked Questions (FAQs) that explains how the Genetic Information Nondiscrimination Act (GINA) impacts employer-provided group health plans and insurance providers. Among other things, Title I of GINA prohibits group health plans and health insurance issuers from discriminating based… Continue Reading
Most Large Employers Will Make Changes to Their Health Care Plans, Study Finds
A survey report (pdf) of 72 large employers finds that most anticipate an increase in health care costs in 2011 as a result of the Patient Protection and Affordable Care Act (“Affordable Care Act”), and are making changes to their plan designs in order to comply with the new health care law and its regulations…. Continue Reading
Recently Proposed Revisions to HIPAA Regulations: What Employers Really Need to Know
The U.S. Department of Health and Human Services (HHS) published a voluminous Notice of Proposed Rulemaking (NPRM) on July 14, 2010, containing dozens of proposed amendments to three sets of Health Insurance Portability and Accountability Act of 1996 (HIPAA) regulations: the Privacy Rule; the Security Rule; and the Enforcement Rule. The proposed amendments are directed principally… Continue Reading
Survey Suggests PPACA’s Wellness Provisions Will Provide Boost to Wellness Programs
In our review of health care reform’s impact on wellness programs last month, we forecasted that the Patient Protection and Affordable Health Care Act (PPACA) would boost the adoption of workplace wellness programs and help lay the foundation for creating a culture of health and prevention in the workplace. A recent survey, conducted by the… Continue Reading
House-Approved Extender Bill Omits COBRA Extension
On Friday the House of Representatives narrowly approved (215-204) a scaled-back version of the American Jobs and Closing Tax Loopholes Act (H.R. 4213), a bill that would extend a number of benefit programs, including emergency unemployment payments, and provide for pension funding relief and fee disclosures. Details of this joint legislation were first unveiled last… Continue Reading
Compromise Bill Extending COBRA Introduced
On Thursday, House Ways and Means Committee Chairman Sander Levin (D-MI) and Senate Finance Committee Chairman Max Baucus (D-MT) introduced a summary of the American Jobs and Closing Tax Loopholes Act, (pdf) joint legislation that, among other things, extends emergency unemployment benefits and the COBRA premium subsidy through the end of 2010, and provides pension funding relief… Continue Reading
Health Care Reform Provides Support for Wellness Programs
Many employers already recognize the value of comprehensive wellness programs in reducing health care costs and improving the health and productivity of their workforce. The White House has publicly backed the expanded use of wellness programs through passage of the Patient Protection and Affordable Health Care Act (PPACA), which President Obama signed into law on… Continue Reading
New Updates to the CHIP Model Notice
The Department of Labor’s Employee Benefits Security Administration (EBSA) recently updated the notice for employers to use regarding eligibility for premium assistance under Medicaid or the Children’s Health Insurance Program (Employer CHIP Notice). There are no substantive legal changes to the Notice, however, it is important to note that contact information for several states’ agencies, including… Continue Reading
Senate Approves Bill Providing Two Additional Months of COBRA Assistance
The Senate on Thursday voted 59-38 to pass legislation that would provide another temporary extension of emergency the 65 percent premium COBRA subsidy, both of which lapsed over the recent legislative recess. The Continuing Extension Act of 2010 (H.R. 4851) was approved with an amendment (S. Amt. 3721.pdf) in the nature of a substitute bill introduced… Continue Reading
Senate Votes to Advance COBRA Extension Bill
After a two-week legislative recess, the Senate voted 60-34 on Monday to limit debate on the Continuing Extension Act of 2010 (H.R. 4851), a bill that would temporarily extend the 65 percent premium COBRA subsidy until April 30, 2010. This measure cleared the House of Representatives by voice vote on March 17, but hit a… Continue Reading
Bill Would Extend COBRA Coverage to Same-Sex Spouses or Domestic Partners
Last week, Sen. Barbara Boxer (D-CA) introduced the Equal Access to COBRA Act of 2010 (S. 3182) which would permit many same-sex spouses or domestic partners to take advantage of COBRA continuation health coverage if their partner loses a job. The Act would allow equal access to COBRA coverage for all individuals who are covered by an employer’s health… Continue Reading
Bill Temporarily Extending COBRA Benefits Stalls
Despite last-ditch efforts, the Senate failed to approve the Continuing Extension Act of 2010 (H.R. 4851) before the two-week legislative recess. This bill would have extended the 65 percent premium COBRA subsidy another month — until April 30, 2010, The COBRA extension was already given a one-month extensions by means of the Temporary Extension Act of… Continue Reading
House Passes Another Temporary COBRA Extension Bill
On March 17, the House of Representatives passed by voice vote the Continuing Extension Act of 2010 (H.R. 4851), legislation that would extend the 65 percent premium COBRA subsidy another month until April 30, 2010. On March 2, President Obama signed into law the Temporary Extension Act of 2010 (H.R. 4691), a bill that extended… Continue Reading
EBSA Announces Availability of Revised Model COBRA Notices
On Monday, the Employee Benefits Security Administration (EBSA) will publish in the Federal Register an announcement (COBRA, Federal Register Notice.pdf) that updated model COBRA notices that group health plans and other entities are required to provide to individuals eligible for the premium reductions and additional health care coverage election periods provided by the recently-enacted Temporary… Continue Reading
Recent Survey Confirms Employers Complying with Mental Health Parity and Addiction Equity Act (MHPAEA)
A recent survey by Hewitt Associates confirms that companies who offer mental health and substance use disorder benefits have chosen to comply with the financial and treatment requirements under the MHPAEA rather than terminating such benefits, even in the face of rising health care costs. The Hewitt survey asked 70 Fortune 500 companies to explain… Continue Reading
Senate Approves Bill Extending COBRA Benefits
On Wednesday, the Senate passed by a 62 to 36 margin the Tax Extender Act (H.R. 4213), legislation that would extend until Dec. 31, 2010 the 65 percent premium COBRA subsidy. The program is set to expire in the coming weeks. On Tuesday, the Senate voted 66-34 to limit debate on this bill, which was introduced… Continue Reading
Senate Votes to Advance Bill Further Extending COBRA Subsidy
On Tuesday, the Senate voted to end debate on a $150 billion bill that would extend the premium COBRA subsidy through December 31, 2010. Sen. Max Baucus (D-MT) introduced the American Workers, State and Business Relief Act of 2010 as an amendment (S. Amt. 3336) in the nature of a substitute to the Tax Extender… Continue Reading
Obama Signs Bill Temporarily Extending COBRA Benefits
On Tuesday, President Obama signed the Temporary Extension Act of 2010 (H.R. 4691), a bill that will extend the 65 percent premium COBRA subsidy through March 31, 2010. The Senate passed this bill by a vote of 78-19 after Sen. Jim Bunning (R-KY) – who objected to how the measure would be funded – abandoned… Continue Reading
House Passes Bill Temporarily Extending COBRA Benefits
On Thursday evening, the House of Representatives approved by voice vote the Temporary Extension Act of 2010 (H.R. 4691), legislation that provides brief extensions of the COBRA premium health insurance subsidy, among other programs. This stopgap measure would extend the 65 percent premium COBRA subsidy through March 31, 2010 — which is set to expire… Continue Reading
Draft Senate Jobs Bill Contains COBRA Extension
A draft of the 362-page Senate jobs bill.pdf has been circulating among members of Congress this week. Although still a work in progress, the draft bill includes provisions providing for, among other things, unemployment benefits and COBRA health insurance premium extensions, tax incentives to promote hiring, spending programs on transportation initiatives, pension funding relief, and a… Continue Reading
Employer CHIP Model Notice Released
The Department of Labor’s Employee Benefits Security Administration (EBSA) released the Employer CHIP Model Notice on February 9, 2010. The Notice, as required under the Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA), is intended to assist employers with notifying employees about possible opportunities for group health plan premium assistance through Medicaid or state… Continue Reading
Agencies to Issue Interim Final Rules Under Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act
On Tuesday, the Employee Benefits Security Administration (EBSA), Internal Revenue Service (IRS) and the Department of Health and Human Services (HHS) will publish in the Federal Register interim final regulations.pdf under the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (“the Act” or “MHPAEA”). These replace prior regulations, and make… Continue Reading