DOL RFI for Preventive Care

in Affordable Care Act, Wellness Programs

As noted last week, the DOL announced on its webpage that it would publish an RFI regarding possible value-based plan designs in light of the preventive care requirements.  (A nongrandfathered plan is required to provide preventive care, as defined by the Agencies, at 100% with no deductible and no coinsurance for in-network claims.)  Based on the preventive care requirements, it is hard to see how plans could offer incentives in the context of preventive care (unless the existing...Continue Reading

DOL Issues Holiday FAQs

in Affordable Care Act, Wellness Programs

Not to be outdone by the IRS, DOL issued today 15 additional FAQs regarding Affordable Care Act compliance issues.  But, wait, there's more.  The FAQs also address outstanding compliance issues for mental health parity.  Any yet, there's still even more.  The FAQs address wellness program compliance as well.  It's a virtual shopper's paradise for health and welfare professionals today!  We will be hearing more about these FAQs early next year, as they outline guidance DOL intends to...Continue Reading

Insured Nondiscrimination Rule Compliance Delayed

in Affordable Care Act

This evening the IRS released Notice 2011-1, exempting insured plans from the new nondiscrimination rules in the Affordable Care Act (and related penalties for non-compliance) until regulations are issued. Further, the notice provides that the regulations are expected to apply to plan years beginning after issuance. Meaning that for calendar year plans, the earliest the nondiscrimination rules should apply is January 1, 2012. It could even be later than that depending on when the IRS issues...Continue Reading

Revised Red Flags Rule

in Cafeteria Plans, Welfare Benefits

This week President Obama signed revised red flags rule legislation designed to exempt professionals and "other service providers" from the FTC Red Flags Rule.  It is unclear if this new legislation will change its application to health FSAs and HRAs that utilize debit cards.  The FTC website indicates that it is updating its guidance and will update the website when that process is complete.  In the interim, you can review the application of the Red Flags Rule for employee benefits, by...Continue Reading