GINA – More than an Interesting First Name

in Health Benefits

Just in time for annual enrollment, the DOL has issued a number of FAQs on the Genetic Information Nondiscrimination Act (GINA).  Remember, if you have health risk assessments for your medical plan, the questionnaires must be voluntary and you must decouple the genetic information questions from any monetary or other incentive that is paid to complete them.  You can still pay a monetary incentive but your health risk assessment must make it clear that the incentive is only paid for...Continue Reading

Business Associate Agreements

in HIPAA Privacy & Security

Some controversy has erupted regarding the status of business associate agreements, when the business associate refuses to enter into a business associate agreement. The preamble to the HHS July 14, 2010 proposed regulations provides that - if a covered entity and business associate have failed to enter into a business associate agreement, then the business associate may use or disclose protected health information only as necessary to perform its obligations for the covered entity (pursuant...Continue Reading

Nondiscrimination for Insured Plans

in Affordable Care Act

New PHSA Section 2716 adopts new nondiscrimination rules on insured health plans beginning with the first plan year after September 23, 2010 (or January 1, 2011 for calendar year plans). The statute provides that rules similar to the Code Section 105(h) rules for self-insured plans shall apply for this purpose. We thought that the regulations implementing this new requirement were to be released soon. However, last week we heard, unofficially, that the regulations have been delayed, meaning...Continue Reading

Mini-Med Waivers and OTC Reimbursements Explained

in Affordable Care Act

As noted previously, IRS announced the OTC reimbursement guidance for health FSAs and HRAs, and HHS announced the mini-med waiver program. Unfortunately, there is not much substance in the guidance, leaving many plan sponsors with numerous questions as they approach annual enrollment. We have posted our Legal Alert on these releases at the link below.

Reimbursing OTC Drugs and Applying for Mini-Med Waivers

Mini-Med Waiver Program Announced

in Affordable Care Act

Late on Friday, September 3rd, OCIIO posted the annual waiver process for mini-med plans. Interested plan sponsors must send their applications to OCIIO and they will be processed in 30 days. If approved, the waiver will only apply for the next plan year, meaning that annual re-applications will be necessary. The guidance can be found at the following link:

http://www.hhs.gov/ociio/regulations/patient/ociio_2010-1_20100903_508.pdf