HIPAA
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 COVID-19 national public health emergency is set to expire on January 11, 2023; however, the Biden administration is expected to issue another extension of the national public health emergency. It is unknown at this time when the national public health emergency will be declared over.
- ACA reporting had to be submitted for the first time which was an administrative struggle for several employers, but most were able to find a way to get it completed.
- Several Co-Ops, including Land of Lincoln Health, were forced to shut down due to solvency problems.
- Most insurers reduced or eliminated commissions on the sale of individual health insurance plans as a result of profit losses.
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The world of ERISA, HIPAA, COBRA and general health care compliance is increasingly complex for businesses. Flexible Benefit Service LLC (Flex) wants to make sure nothing falls through the cracks.
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The Affordable Care Act (ACA) has eliminated the need for certificates of creditable coverage (a.k.a. HIPAA notices) as of this year. These notices detailed the amount of time a person was covered under a health plan, and their primary purpose was to reduce or eliminate pre-existing condition waiting periods when someone was changing from one health plan to another. Since the ACA has eliminated pre-existing condition waiting periods in almost all market segments, these notices are deemed to be no longer relevant.
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