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Employee Benefits Compliance Update | Scott insurance



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In the last week of 2022, two notable things came out of Washington, DC, with effects on group health plans:

Questions and Answers ON THE AFFORDABLE CARE ACT AND CONSOLIDATED APPROPRIATIONS ACT, 2021
IMPLEMENTING PART 56

The US Departments of Health and Human Services, Labor and Treasury released an FAQ with guidance establishing limited deadlines and enforcement relief for the 2020 and 2021 Prescription Drug Data Collection (RxDC) to be submitted by December 27, 2022.

In this guidance, as expected for this initial application, the Administration provided a submission grace period through January 31, 2023, and will not consider a plan or issuer to be noncompliant with these requirements, provided a bona fide submission from 2020 and 2021 data is made on or before this date.

Read the full FAQ here.

TELEHEALTH LIFT IS INCLUDED IN THE CONSOLIDATED APPROPRIATIONS ACT

The omnibus bill signed into law on December 23, 2022 included the expected extensions of the relief that allows telehealth coverage at no cost to plan participants in High Deductible Health Plans (HDHPs) with Health Savings Accounts (HSAs). This relief is optional for plan sponsors and applies through 2024.

The applicable part of the bill states:

  • Subtitle E—Health Care Tax Provisions
    O Sec. 4151 – Extension of Safe Harbor for Absence of Telehealth Deductible (p. 3805)
    – This section provides a two-year extension of the flexibility to allow employers/plans to provide coverage for telehealth services that are deductible in advance to individuals with a high-deductible health plan combined with a health savings account (HDHP-HSA) through December 31, 2024 .

As always, please contact your Scott Benefits team with any questions you may have about these updates and how they may affect your group health plan.


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