Legal Alerts

Supreme Court Turns Abortion Regulation To The States: Considerations for Group Health Plans and Employers

By Stacy Barrow - June 30, 2022

On June 24, 2022, the United States Supreme Court (“the Court”), released its much anticipated decision in Dobbs, State Health officer of the Mississippi Department of Health, et al. v. Jackson Women’s Health Organization, et al., which examined the Mississippi abortion law that, with limited exceptions for the health of the mother or severe abnormality [Read More]

PCORI Fees Due By July 31, 2022

By Stacy Barrow - May 23, 2022

Employers that sponsor self-insured group health plans, including health reimbursement arrangements (HRAs) should keep in mind the upcoming July 31, 2022 deadline for paying fees that fund the Patient-Centered Outcomes Research Institute (PCORI) via Form 720, which was recently updated and released by the IRS.  As background, the PCORI was established as part of the [Read More]

IRS Releases 2023 HSA Contribution Limits and HDHP Deductible and Out-of-Pocket Limits

By Stacy Barrow - May 2, 2022

In Rev. Proc. 2022-24, the IRS released the inflation-adjusted amounts for 2023 relevant to Health Savings Accounts (HSAs) and high deductible health plans (HDHPs). The table below summarizes those adjustments and other applicable limits.   2023 2022 Change Annual HSA Contribution Limit (employer and employee) Self-only: $3,850 Family: $7,750 Self-only: $3,650 Family: $7,300 Self-only: +$200 [Read More]

Congress Passes Another Temporary Telehealth Safe Harbor

By Stacy Barrow - March 18, 2022

On March 15, 2022, the President signed the Consolidated Appropriations Act, 2022 (H.R. 2471) into law (“CAA 2022”).  The CAA 2022 is largely a spending bill but also includes, among other things, a much-anticipated new telemedicine safe harbor similar to that which was created under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).  [Read More]

Agencies Issue Additional Guidance on OTC COVID-19 Tests

By Stacy Barrow - February 15, 2022

On February 4, 2022, federal agencies released additional FAQs related to coverage of over-the-counter (“OTC”) COVID-19 tests by group health plans and health insurance carriers.  The FAQs are intended to clarify the previous FAQs released on January 10, 2022. Prior Guidance On January 10, 2022, the agencies released initial guidance for plans and carriers, which [Read More]

U.S. Supreme Court Stays OSHA’s ETS for Private Employers with 100 or More Employees; Upholds CMS’ Interim Final Rule for Health Care Workers

On January 13, 2022, the United States Supreme Court released its much anticipated opinions in the ongoing challenges to OSHA’s November 5, 2021 Emergency Temporary Standard (ETS) requiring private employers with 100 or more employees to either mandate employees be vaccinated or submit to weekly testing and mask mandates, and CMS’ November 5, 2021 Interim [Read More]

Agencies Issue FAQs Regarding Coverage of Over the Counter COVID-19 Diagnostic Tests

On December 2, 2021, President Biden announced that federal agencies would soon issue guidance regarding the availability of coverage/reimbursement from group health plans and health insurance carriers for individuals who purchase over the counter, at-home COVID-19 diagnostic tests (“OTC COVID-19 tests”).  Accordingly, on January 10, 2022, the agencies released “FAQs About Affordable Care Act Implementation [Read More]

6th Circuit Court of Appeals Dissolves 5th Circuit’s Stay of OSHA Emergency Temporary Standard for COVID-19 Vaccine and Testing; OSHA Plans to Implement Beginning January 10, 2022

On December 17, 2021, the United States Court of Appeals for the 6th Circuit (6th Circuit) dissolved the stay of OSHA’s November 5, 2021, Emergency Temporary Standard (ETS) for private employers with 100 or more employees issued by the United States Court of Appeals for the 5th Circuit (5th Circuit).  As a result of the [Read More]

IRS Proposes Permanent 30-day Extension to ACA Reporting Deadline

On November 22, 2021, the IRS filed a Notice of Proposed Rulemaking (“Proposed Rule”) that among other things, provides for an automatic 30-day extension of the deadline for applicable large employers (“ALEs”) to furnish annual Forms 1095-C to individuals for calendar years beginning after December 31, 2021.  Further, the Proposed Rule allows ALEs to voluntarily [Read More]