January 20, 2023

2023 PENALTY AMOUNTS FOR HEALTH AND WELFARE AND 401(K) PLANS

On January 13, 2023, the U.S. Department of Labor (“DOL”) published its annual announcement of civil monetary penalties for various employee benefits-related violations under ERISA, as in effect for calendar year 2023. To encourage compliance with the law, ERISA imposes various sanctions, including fines, which are subject to adjustment each year for inflation. Legislation enacted in… Continue Reading

January 6, 2023

PARITY OPT OUT BY NON-FEDERAL GOVERNMENTAL PLANS

The Consolidated Appropriations Act of 2023 (CAA 2023) has eliminated the ability of self-insured health plans sponsored by non-federal governmental employers to opt out of the obligation to provide parity in mental health and substance abuse benefits.  Prior to the passage of CAA 2023 non-federal governmental plans could make an annual election not to comply… Continue Reading

January 5, 2023

ENCORE! SECURE 2.0 PASSES, REPRESENTING AN EVEN LARGER COLLECTION OF 401(K) PLAN REFORMS

In a whirlwind of year-end activity, Congress has at long last succeeded in passing the SECURE 2.0 Act of 2022 (“SECURE 2.0”), a huge package of retirement provisions that will have a major impact on 401(k) plans. Included as part of the larger Consolidated Appropriations Act, 2023 (“CAA”), SECURE 2.0 augments and expands upon many… Continue Reading

January 4, 2023

THE CONSOLIDATED APPROPRIATIONS ACT OF 2023 EXTENDS THE ABILITY OF HDHPS TO COVER TELEHEALTH SERVICES

The Consolidated Appropriations Act of 2023, despite its massive size, included very little that has a direct impact on health plans.  However, one important feature is the extension of the ability of high deductible health plans to provide first dollar coverage for telehealth services. Recall that in order to be eligible to make a contribution… Continue Reading

January 3, 2023

GOVERNMENT PROVIDES GRACE PERIOD AND OTHER RELIEF FOR SUBMISSION OF PRECRIPTION DRUG AND HEALTH CARE SPENDING DATA

The Departments of Labor, Health and Human Services, and the Treasury (collectively, the Departments) have granted health plans and issuers a grace period to file reports on their prescription drug and healthcare spending.  The first reports, covering 2020 and 2021, were due on December 27, 2022.  In an FAQ issued on December 23, 2022, the… Continue Reading

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