DOL
Shortly after the COVID-19 national emergency was declared in 2020, the Department of Labor (DOL) issued guidance allowing for additional time for participants to make COBRA elections and premium payments and to exercise their HIPAA special enrollment rights, among other things. Employers, administrators, and insurers are to disregard a period of time referred to as the “Outbreak Period.” The Outbreak Period will end 60 days after the COVID-19 national emergency ends.
The No Surprises Act (NSA), enacted as part of the Consolidated Appropriations Act of 2021, requires group health plans and health insurers to report information on prescription drug and health care spending to the Department of Health and Human Services (HHS), Department of Labor (DOL), and the Department of Treasury (DOT). The reporting process is referred to as the Prescription Drug Data Collection, or RxDC for short.
On April 19, 2022, the Department of Labor (DOL), Department of Health and Human Services (HHS), and the Department of Treasury (DOT) issued some Frequently Asked Question (FAQ) guidance pertaining to the new Transparency in Coverage (TiC) rules that will start to be enforced beginning on July 1, 2022 (and applicable to plan years starting on or after January 1, 2022).
The Department of Labor (DOL), Department of Health and Human Services (HHS), and the Internal Revenue Service (IRS) jointly issued guidance on a new requirement that individual and group health plans must cover over-the-counter (OTC) COVID-19 diagnostic tests.
The Consolidated Appropriations Act of 2021 included a provision that requires brokers and consultants to disclose all direct and indirect compensation they expect to receive for group health plans. The disclosure is required when compensation is expected to be $1,000 or more, and the disclosure must be made prior to any contracts entered into, renewed, or extended on or after December 27, 2021. The disclosure requirements are now in effect.
The Departments of Labor, Health and Human Services and the Treasury (collectively, the Departments) released new guidance on June 13, 2019 which permit a new type of Health Reimbursement Arrangement, referred to as an Individual Coverage Health Reimbursement Arrangement (ICHRA).