On September 8, 2020, the Equal Employment Opportunity Commission (“EEOC”) posted an updated “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” (“WYSK”). The updated WYSK modifies two existing Q&As and adds 18 new Q&As that have been adapted from two other EEOC technical assistance resources: “Pandemic Preparedness in the Workplace and the Americans with Disabilities Act” and a March 27, 2020 publicly available EEOC webinar.
Read MoreEmployers sponsoring a group health plan with prescription drug benefits are required to notify their Medicare-eligible participants and beneficiaries as to whether the drug coverage provided under the plan is “creditable” or “non- creditable.” This notification must be provided prior to October 15th each year. Also, following the plan’s annual renewal, the employer must notify the Centers for Medicare & Medicaid Services (“CMS”) of the creditable status of the drug plan.
Read MoreThe New York State Department of Financial Services has announced the contribution rate and benefit schedule under the New York Paid Family Leave (“PFL”) law effective January 1, 2021.
Read MoreThe Department of Labor’s Wage and Hour Division (“the Department”) added three new FAQs to clarify when benefits are available under the Families First Coronavirus Response Act (“FFCRA”) as the school year begins.
Read MoreOn August 17, 2020, a U.S. district court decided in the case of Walker v. Azar to block enforcement of final regulations from the U.S. Department of Health and Human Services (“HHS”) relating to section 1557 of the Affordable Care Act, to the extent that the regulations fail to define sex discrimination as including discrimination based on sexual orientation and gender identity. This means discrimination on the basis of sexual orientation and gender identity is prohibited by section 1557.
Read MoreAmerica's workers concerned about the financial impact of treatment for COVID-19 and other infectious diseases have a new option for protection.
Colonial Life today released a new group critical illness plan with an optional rider that offers a lump sum benefit for hospitalization for treatment of COVID-19 and more than a dozen other infectious diseases such as antibiotic-resistant bacteria, Legionnaires' disease, meningitis, Lyme disease and sepsis.
Read MoreCOVID-19 set the stage for the rapid adoption of Telehealth services. It’s estimated that these services will soar to more than 1 billion in 2020, including 900 million visits related to COVID-19, according to Forrester Research.
UnitedHealthcare acted quickly at the beginning of the pandemic and expanded access to Telehealth for health plan members, including waiving member cost-sharing, expanding networks and taking advantage of regulatory flexibility from the Centers for Medicare & Medicaid Services (CMS). The company experienced almost 3 times as many Telehealth visits in the first 4 months of 2020 versus all of 2019.
Read MoreOn August 3, 2020, the U.S. District Court for the Southern District of New York invalidated four separate provisions in temporary regulations previously issued by the U.S. Department of Labor (“DOL”) regarding emergency paid leave under the Families First Coronavirus Response Act (“FFCRA”).
It appears the Court’s decision may apply with respect to certain counties in New York. However, it is not clear whether the ruling applies nationally or retroactively. In addition, the DOL is likely to appeal the decision which may create additional uncertainty.
Read MoreOn August 3, 2020, the U.S. Department of Labor’s Wage and Hour Division published two FAQs for employers that have a service contract with the federal government covered by the Service Contract Act (“SCA”) or a federal construction contract covered by the Davis-Bacon and related Acts (“DBRA”). The FAQs help explain when fringe benefits must be provided to employees taking paid leave under the Families First Coronavirus Response Act (“FFCRA”).
Read MoreNew Jersey Governor Phil Murphy signed Assembly Bill 4389 into law on Friday, July 31. The New Jersey law, effective January 1, 2021, imposes a 2.5% tax on the net premiums collected for individual and large group health plans and is estimated to generate nearly $220 million annually. The funds will be used make insurance more affordable for working and middle-class consumers.
Read MoreThe IRS recently announced in Revenue Procedure 2020- 36 that the Affordable Care Act (“ACA”) affordability indexed amount under the Employer Shared Responsibility Payment (“ESRP”) requirements will be 9.83% for plan years that begin in 2021. This is an increase from the 2020 percentage amount (9.78%).
Read MoreThe Departments of Labor, Health and Human Services, and the Treasury (collectively, “the Departments”) recently released a notice of proposed rule making regarding grandfathered group health plans and grandfathered group health insurance coverage.
Read MoreOn July 23, 2020, the Secretary of Health and Human Services (“HHS”), Alex Azar, declared the Public Health Emergency, scheduled to end on July 25, 2020, will once again be extended for an additional 90 days and as a result, numerous temporary benefit plan changes remain in effect.
Read MoreThe Supreme Court recently ruled in a 7-2 decision to uphold regulations that expand the Affordable Care Act (“ACA”) contraception exemptions.
Read MoreThe impact of COVID-19 on our health, employment and economy has encouraged many to be more proactive when it comes to their finances. Two-thirds (67%) of Americans say that the pandemic has been a wake-up call for them to reevaluate their finances, according to a new study by Life Happens, a nonprofit dedicated to educating consumers about the importance of life insurance and other related products for sound financial planning.
Read MoreAs benefit consultants consider the many challenges that confront their clients in the post-COVID-19 recovery efforts, it may be beneficial to revisit in-place employee benefit strategies due to several influences the pandemic has had on healthcare and the workplace environment.
Read MoreThe IRS issued Notice 2020-54 to help employers properly report 2020 emergency paid sick leave and expanded family medical leave wages paid to employees under the Families First Coronavirus Response Act (“FFCRA”).
Read MoreWith the summer season officially upon us, the Department of Labor’s Wage and Hour Division (“the Department”) has issued Field Assistance Bulletin (“FAB”) 2020-4 to clarify when benefits under the Families First Coronavirus Response Act (“FFCRA”) may be available due to a summer camp or enrichment program being closed due to coronavirus-related reasons.
Read MoreOn June 15, 2020, the Supreme Court held in Bostock v. Clayton County that firing an employee because of the employee’s sexual orientation or gender identity is a form of sex discrimination under Title VII of the Civil Rights Act. Title VII generally applies to employers in both the private and public sector that have 15 or more employees.
Read MoreOn June 12, 2020, the Department of Health and Human Services (“HHS”) issued a final rule which narrows the interpretation and application of the nondiscrimination rules under Section 1557 of the Affordable Care Act (“ACA”) by removing protections on the basis of gender identity, further specifying who is subject to Section 1557 and removing certain notice requirements.
Read More
