Compliance Corner
October 12, 2021

COVID-19 Updates

COVID-19-Related Benefits Compliance Resources Available
IRS Clarifies Extension of Certain COBRA Election and Premium Payments Deadlines
CMS Issues FAQs Regarding COVID-19 Vaccine Premium Surcharges and Incentives
HHS OCR Issues FAQs Regarding HIPAA and COVID-19 Vaccinations in the Workplace

Announcements

Podcast Episode 111: Vaccine Mandate/Surcharge Updates and COVID-Related Notices for Open Enrollment
October Get Wise Wednesdays – Register Now
Reminder: Medicare Part D Notice to Employees Deadline Is October 14, 2021

Healthcare Reform

IRS Releases Draft 2021 1094 and 1095 Forms Instructions

Federal Health Updates

Agencies Publish Interim Final Regulations Regarding Surprise Billing Arbitration

Retirement Updates

IRS Releases Issue Snapshot on Deemed Distributions of Participant Loans

State and Territory Updates

Connecticut
District of Columbia
Hawaii
New Mexico
Washington

FAQs

FAQ: Will the COVID-19 relief options for telehealth services continue to be available for the upcoming plan year?


ANNOUNCEMENTS

Podcast Episode 111: Vaccine Mandate/Surcharge Updates and COVID-Related Notices for Open Enrollment

In this episode, Chase Cannon and Patrick Myers provide an update on vaccine mandates and surcharges, including some helpful governmental guidance on HIPAA wellness program rule application to vaccine surcharges. Chase then digs in on some end-of-year and open enrollment considerations for pandemic-related compliance obligations. Chase and Patrick discuss the mandatory and optional plan design changes and what employers should consider communicating to employees during open enrollment. The two close by addressing the temporary telehealth exception relating to HSA eligibility, currently set to expire at the end of the 2021 plan year, and whether we can expect any Congressional extension.

Every other week, NFP's legal experts make the subject of compliance personal for a wide audience. By breaking down the daunting details of emerging policies and bridging the gap between legislation and what it means for the listener, Chase Cannon and Suzanne Spradley make compliance issues relatable and relevant. Visit our Soundcloud page every two weeks for the most up-to-date episode.

Subscribe on iTunesListen on Google Play Music


October Get Wise Wednesdays – Register Now

The Transparency in Coverage final rule and the Consolidated Appropriations Act, 2021, both passed in late 2020, have imposed significant new compliance obligations upon group health plan sponsors. Join us as we discuss compliance considerations under these recent federal laws. We will begin the presentation with an overview of the transparency requirements, including data disclosures and cost-sharing tools required, along with their applicable effective dates. We will then discuss the No Surprises Act, which imposes surprise billing prohibitions and additional transparency and disclosure requirements. We will also review subsequent regulatory guidance regarding the implementation and enforcement of these provisions. By the end of this presentation, participants should better understand compliance obligations related to these new requirements and action items for group health plan sponsors.

Transparency and No Surprises Act: Compliance Considerations for Group Health Plans
October 20, 2021
2:00 to 3:00 p.m. CT (3:00 to 4:00 p.m. ET)

Register Now

A recording will be posted to the NFP Webinars Page within 48 hours of the live webinar. Those listening to a recorded webinar aren’t eligible for recertification credit.

All programs are pending approval for 1.0 (general) recertification credit hour toward PHR, SPHR and GPHR recertification through the HR Certification Institute. For more information about certification or recertification, visit the HR Certification Institute website at hrci.org.


Reminder: Medicare Part D Notice to Employees Deadline Is October 14, 2021

Employers must notify individuals who are eligible to participate in their medical plan whether the plan’s prescription drug coverage is “creditable” or “non-creditable” as compared to Medicare Part D coverage.

As a reminder, the Medicare Part D notice of creditable coverage should be distributed to employees by October 14, 2021. This notice serves to inform Medicare-eligible individuals of whether or not their employer group coverage is creditable. That information is necessary to help such individuals avoid paying higher premiums (also known as late enrollment penalties) for Medicare Part D coverage.

Employers should consult with their service providers to determine whether their coverage is creditable using either the simplified determination method or actuarial analysis. Also, keep in mind that CMS provides a model notice for employers.