Departments Issue FAQ Part 43 on COVID-19

On June 23, 2020, the Departments of Labor, the Treasury, and Health and Human Services (“HHS”) (collectively, “the Departments”) issued FAQ Part 43, which includes certain guidance on the Families First Coronavirus Response Act (“FFCRA”) and the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), as well as other COVID-19 health plan issues.

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EmblemHealth Now Offers the First Health Network for Small Group POS Plans

Members in Small Group POS plans can get the care they need when

they need it — nationwide.

If a member needs health care or has an emergency while living or traveling outside

of our tri-state area, he or she can use the First Health Network to find a doctor

and receive covered in-network care. First Health is an NCQA-accredited provider

network, with consistent processes that gives members access to a wide range of

high-quality inpatient and outpatient services in both urban and rural areas.

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MassMutual $3 Billion Free Life Insurance Program Now Available Nationwide for Frontline Healthcare Workers Battling COVID-19

Massachusetts Mutual Life Insurance Company (MassMutual) today announced the nationwide expansion of MassMutual HealthBridge, which provides free term life insurance to frontline healthcare workers who directly interact with patients fighting the virus. Previously, HealthBridge was available in MassMutual’s home states as well as those hardest hit by the pandemic. Now it will reach these critical individuals coast to coast.

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EEOC Antibody Testing Guidance in Return to Work Decisions

The Centers for Disease Control (“CDC”) and the Equal Employment Opportunity Commission (“EEOC”) are cautioning employers from using antibody testing as part of a return to work strategy. This guidance is based on information known to date and could be revised in the future should antibody testing become more reliable. For now, antibody testing should not be used in return to work strategies.

It should be noted that group health plans must cover COVID-19 testing, and other services resulting in the order for a COVID-19 test, without cost-sharing (i.e., no copays or deductibles), through the end of the emergency period (currently July 25, 2020, unless extended or shortened). An antibody test in this context would be covered at 100%. Generally, such a test would relate to the items and services furnished during a healthcare provider office visit for the evaluation of an individual for COVID-19 and is not part of a return to work strategy.

The following provides additional background.

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Temporary Changes to Oxford Benefits as a Result of Covid-19

When you enrolled in your health plan (Plan) you received a Summary of Benefits and Coverage document (SBC) to help you understand your Plan’s Schedule of Benefits. The following temporary changes have been made to your Plan’s Schedule of Benefits. For the purpose of this notice, cost share means the amount of co-payment, co-insurance and/or deductible which you would otherwise be responsible for when you receive certain health care services.

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Anticipating the Impact of COVID-19 on Health Care Premiums

The current stage of the COVID-19 pandemic has employers scrambling to continue or restart their business operations while also protecting the health and safety of their employees. At the same time, many business owners may be looking to the future and wondering what impact this virus will have on insurance premiums.

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2020 PCOR Fee Filing Reminder for Self-Insured Plans

The Patient-Centered Outcomes Research (PCOR) fee filing deadline is July 31, 2020 for all self-funded medical plans and HRAs for plan years ending in 2019. Year-end federal legislation reinstated the PCOR fee through September 30, 2029. The IRS issued Notice 2020-44 announcing the adjusted fee amount for this year as well as limited transition relief.

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Anthem to Provide Customers With $2.5 Billion in Covid-19 Relief

Health insurer Anthem Inc. is providing $2.5 billion in Covid-19 assistance to its customers and the communities it services, the company announced Thursday.

The relief will be in the form of premium credits, the continued waiver of copays and other out-of-pocket costs for treatment, and community support, the Indianapolis-based Blue Cross Blue Shield operator said in a news release. Anthem, one of the nation’s largest health benefits companies, operates 14 Blue Cross Blue Shield plans across the U.S.

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New Jersey Expands Disability and Leave Benefits to Address COVID-19

On March 26, 2020, New Jersey Governor Murphy signed Senate Bill 2304 which expands the Temporary Disability Benefits (TDB) and Family Leave Insurance (FLI) programs effective immediately. The law also provides for job protection under the New Jersey Family Leave Act (NJFLA) and expands New Jersey’s Earned Sick Leave Law (ESLL). On April 14, 2020, the Governor also signed into law, Senate Bill 2374, which amends the NJFLA and FLI to provide job protected, paid leave to care for family members quarantined due to COVID-19, and amends the NJFLA to provide for job-protected unpaid leave to care for children due to school closures.

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Extension of Form 5500 Deadline

The IRS has announced that ERISA pension and welfare benefit plans with a Form 5500 filing deadline falling on or after April 1, 2020 and before July 15, 2020 (whether it is their original deadline or their deadline was previously extended) will now automatically have until July 15, 2020 to file. This is especially helpful for plans with an April 15 extended due date who may not have been able to file due to the COVID-19 pandemic. It is important to note, however, that this extension does not provide any relief for calendar year 2019 plan filings which are initially due on July 31.

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UnitedHealth Group Provides Over $1.5 Billion of Additional Support in Response to COVID-19 Challenges

UnitedHealth Group [NYSE: UNH] is taking additional action to directly support people affected by the COVID-19 pandemic by providing over $1.5 billion of additional support for its customers. These measures build upon the company’s ongoing efforts to address COVID-19 challenges by expanding coverage, supporting the health care system, protecting the health care workforce, and assisting those most affected by the pandemic.

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New York Enacts Paid Sick Leave Beyond the Pandemic Emergency

On March 18, 2020 Governor Cuomo signed legislation implementing COVID-19 emergency sick leave benefits for New York employees that remain in effect through any COVID-19 mandatory isolation or quarantine order by the State, New York State Department of Health, local Board of Health, or other authorized government. On April 3, 2020 Governor Cuomo signed legislation amending New York labor law (the “Act”) to create a statewide sick leave benefit, unrelated to COVID-19, that will take effect January 1, 2021.

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IRS Issues Relief for Cafeteria Plans in Response to COVID-19

On May 12, 2020, in response to the COVID-19 pandemic, the Internal Revenue Service (“IRS”) issued two notices, Notice 2020-29 and Notice 2020-33, providing welcome relief and guidance to employers sponsoring Section 125 cafeteria plans (“Section 125 plans”), health flexible spending accounts (“health FSAs”), dependent care assistance programs (“DCAPs”), and qualified high deductible health plans (“HDHPs”).

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