Innovative Benefit Planning Blog

In May 2020, the Department of Homeland Security (DHS) instituted a temporary policy which allowed employees to present expired List B identification documents for I-9 purposes. As a reminder, Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States. This relief was temporary and initiated as a means to lessen some of the burdens imposed on issuing authorities as they struggled to timely renew documents in the early stages of the COVID-19 pandemic.Starting May 1, 2022, employers will no longer be able to accept expired identification documents when verifying employee work eligibility for Form I-9. Employers who accepted expired documents between May 1, 2020 and April 30, 2022 will be required to update the Form I-9 of current employees with an unexpired document by July 31, 2022. Acceptable documentation includes a renewed version of the previously presented expired List B…

President Biden recently signed The Consolidated Appropriations Act, 2022 (CAA) into law. As part of the 2022 CAA, COVID-related telehealth coverage can be covered at no cost-share for High Deductible Health Plans (HDHPs) in a similar fashion to what was allowed under the CARES Act starting April 1, 2022 through December 31, 2022. The Coronavirus Aid, Relief and Economic Security Act (CARES Act) allowed first-dollar telehealth coverage under HDHPs. This relief allowed participants to utilize telehealth services prior to satisfying the plan’s deductible without risk of disqualification, which would prevent continuing contributions to a health savings account (HSA). The relief afforded under the CARES Act ended December 31, 2021, thus highlighting a need for additional relief, either temporary or permanent. While it is unclear whether permanent legislation expanding telehealth coverage in this manner will be enacted, the new relief, although temporary, comes as welcome news to participants and plan sponsors.This…

January brought breaking news that the U.S. Supreme Court (the Court) would stop OSHA from enforcing its employee COVID-19 test or vaccinate emergency temporary standard (ETS) for employers with 100 or more employees. Although the decision doesn’t end the OSHA ETS permanently, it means that the ETS is unlikely to be upheld in its current form. The Court left in place a COVID-19 vaccine employer mandate for Medicare and Medicaid-certified entities. The decision does not end the debate, but it does mean employers will continue to be subject to varying standards at the state level with no uniform federal standard.In other news, health plans were notified that they must cover COVID-19 over-the-counter tests at no cost to enrollees, with only days to put a plan in place to comply with the rule. This left employers and pharmacy benefit administrators scrambling to analyze the guidance and be ready within days to…

The Departments of Labor, Health and Human Services, and the Treasury (collectively, the Departments) recently issued updated FAQ guidance to explain how employer group health plans may comply with the requirement to cover with no cost-sharing or preauthorization at-home over-the-counter (OTC) COVID-19 tests provided with no prescription or health care provider involvement. Initial guidance had created safe harbors for plans to make at-home tests available through a preferred provider network or direct-to-consumer shipping program. Under that guidance, plan sponsors could, under certain conditions, limit the number of OTC at-home tests covered per month to no more than eight tests per individual per month, and limit reimbursement for any such tests purchased outside of an established provider network or direct shipping program to no more than the lesser of $12 or the cost of the test.Initial rules, which were effective for tests purchased on or after January 15, have left many…

It's so important for employers to understand the requirements around annual notices and annual delivery of theirs SPDs and their SBCs. There is great potential for a penalty if an employee were to request that document and not receive it within 30 days; those penalties can be up to $100 per day per violation if the DOL were to start an audit and get involved. Not to mention, there may be additional penalties as well. The confusion lies with the delivery a lot of times of how to actually deliver these planned documents and these notices to their employees. There are a number of options for employers to take in order to deliver the notices and their plan documents annually. Listen below as our Director of Compliance, Tamalyn Wandler, JD explains the electronic and non-electronic options and their requirements.https://youtu.be/aQKfwvOTboY Want to learn more about electronic and non-electronic delivery methods? Download…

The Departments of Labor, Health and Human Services (HHS), and the Treasury (collectively, the Departments) issued Frequently Asked Questions (FAQs) Monday that generally require group health plans and insurers to cover the costs of at-home over-the-counter COVID-19 tests (OTC COVID-19 Tests) approved by the U.S. Food and Drug Administration (FDA) and purchased on or after January 15, 2022. Plans and insurers may, but are not required to, cover the cost for OTC COVID-19 Tests bought before January 15 (though some states have existing rules requiring these tests to be covered by carriers). The FAQs expand prior guidance that has only required plans and carriers to cover the costs of testing administered by a health care provider.Generally, the FAQs provide that covered individuals can go online or visit a pharmacy or store and buy approved OTC COVID-19 Tests. Each person covered under a plan may get up to eight OTC COVID-19…

December was a quiet month in the compliance world in terms of large announcements, but lots of little information trickled in over the month. OSHA’s vaccine-or-test mandate for large employers and vaccine mandate for health care organizations is headed for the Supreme Court, set to be heard on January 7, 2022. While we wait for that decision to be handed down, here is a recap of what happened in December.HHS Notice of Benefit and Payment Parameters for 2023 Proposed RuleThe Department of Health and Human Services and the Centers for Medicare and Medicaid Services (CMS) posted its proposed benefit and payment parameters for 2023. The proposed rule addresses a good number of issues, including proposed requirements related to prohibiting discrimination based on sexual orientation and gender identity, guaranteed availability, federal marketplace enrollment assistance for consumers, essential health benefits non-discrimination policy refinement, and actuarial value issues. Review the HHS Fact Sheet…

The Centers for Medicare and Medicaid Services (CMS) issued an emergency ruling in November 2021, which would require eligible staff at health care facilities participating in Medicare and Medicaid programs to be fully vaccinated against COVID-19. The mandate was quickly challenged in several states, resulting in a nationwide stay on enforcement. Despite pending litigation, on December 28, 2021, CMS announced their decision to once again enforce the COVID-19 vaccine mandate for covered entities in the 25 states (listed below), the District of Columbia, and the territories not currently impacted by the stay. As a result of CMS’s decision, the mandate now has an updated timeline for covered entities to implement a vaccine policy. Facilities now have until January 27, 2022 to ensure compliance with Phase 1 of the mandate, which includes requirements for the establishment of policies and procedures and at least one dose of the COVID-19 vaccine for eligible…