Topic: Health and Welfare Plans

Group Health Plans Must Pay For Over-The-Counter At-Home COVID-19 Tests

Beginning January 15, 2022, and continuing throughout the duration of the public health ‎emergency, group health plans and insurers are required to cover over-the-counter (OTC) at-home ‎COVID-19 ‎tests (OTC Tests), including tests not ordered by a ‎health care provider, without ‎participant cost-sharing, preauthorization, or medical management, according to Frequently ‎Asked Questions (FAQs) recently issued by the Departments of Labor, Treasury and Health and ‎Human Services.‎

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US Dept. of Labor Announces Cybersecurity Guidance for Plan Sponsors, Plan Fiduciaries, Record-Keepers and Plan Participants

The U.S. Department of Labor (“DOL”) recently issued guidance on best practices for ‎maintaining cybersecurity directed to plan sponsors, fiduciaries, record-keepers and ‎participants of employee benefit plans governed by the Employee Retirement Income ‎Security Act of 1974, as amended (“ERISA”). While some prior cybersecurity guidance ‎has been issued for certain employee benefit plans governed by ERISA ‎, this is the ‎first guidance issued by the Employee Benefits Security Administration (EBSA) of the ‎DOL related to cybersecurity.‎

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New ERISA Case Results in Another Assignment for Today – Ensure your Group Health Plan’s Claims Administrator is Raising Anti-Assignment during the Claims and Appeals Process!

Anti-assignment clauses in ERISA health plans are useful to plan sponsors in fending off lawsuits by out-of-network providers. Federal courts have consistently upheld anti-assignment provisions contained in the plan document and/or the summary plan description (SPD); however, a recent ERISA case serves as a warning about the unintentional waiver of anti-assignment provisions.

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IRS Announces 2021 Retirement Plan Limits – Most Limits Remain Unchanged

The Internal Revenue Service announced the 2021 cost-of-living adjustments to the dollar ‎limitations for qualified retirement plans and other benefits, and the Social Security ‎Administration announced its own cost-of-living adjustments for 2021. Most of the dollar limits, ‎including the elective deferral contribution limit for 401(k), 403(b) and 457(b) plans and the ‎dollar limit for catch-up contributions (if age 50 or older), will remain unchanged from 2020 ‎limits.‎

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Helpful FAQ Guidance Issued to Assist Group Health Plans With Implementing COVID-19 Coverage Requirements of the FFCRA and CARES Act

The Departments of Labor, Health and Human Services, and the Treasury jointly ‎released additional frequently asked questions (“FAQs”) regarding implementation of ‎the health coverage provisions of the Families First Coronavirus Response Act ‎‎(“FFCRA”); the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), and ‎other health coverage issues related to COVID-19.‎

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FAQs Provide Guidance on COVID-19 Testing and Diagnosis Requirements Affecting Employer Health Plans

The Departments of Labor, Health and Human Services and Treasury (collectively, the ‎‎“Departments”) jointly issued FAQ guidance regarding implementation of the health coverage ‎provisions under the Families First Coronavirus Response Act (“FFCRA”) and the Coronavirus ‎Aid, Relief and Economic Security Act (“CARES Act”).‎

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