COBRA

As we explained previously, funding for the Patient-Centered Outcomes Research Institute (PCORI) was supposed to end with filings and fees for plan years that began before October 1, 2019. In the words of the great philosopher Emily Litella, “Never mind.”

The COVID-19 Outbreak Period has had numerous impacts upon benefit plans, extending timelines with which plans had to perform certain activities.

President Biden declared the end of the National Emergency effective May 11, 2023. Employers must plan now for the end of the Outbreak Period.

Yes Virginia, there really is a Santa Claus(e).

The telehealth exception to the rule that in order to make an HSA contribution, a participant must be enrolled in a High Deductible Health Plan requiring non-preventive benefits to meet the plan's deductible is extended.

It must be the holiday season. The IRS recently finalized new regulations providing that ALEs must furnish the Forms 1095-C to employees no later than 30 days after January 31st of each year. In the past, forms were due by January 31st unless an employer asked for an extension. It's now automatic.

On March 11, 2021 President Biden signed the American Rescue Plan Act (ARPA). It contains many HR and benefit-related items, and in this post we'll cover the new temporary rules for this year's version of Assistance Eligible Individuals (AEIs).

On the last possible workday on which to provide needed guidance before health plan sponsors had to fend for themselves on when the COBRA and HIPAA Outbreak Period ended, the Employee Benefits Security Administration, part of the US Department of Labor, issued Disaster Relief Notice 2021-01.

We provided information at the end of April, 2020 about the IRS' and DOL's determination that the "pause" button was hit on a number of regular timing and payment due dates relating to COBRA, health plan claims (including health care FSA claims), and HIPAA Special Enrollment Periods. Is it ending?

This is a very difficult question, since neither the IRS nor the DOL has addressed it directly.

The DOL and IRS issued a Notice that announced a "pause" in the timelines that affect many COBRA and HIPAA Special Enrollment Period timelines during the COVID-19 National Emergency pandemic. It also provides for additional timelines relating to all health and welfare plan claim filings and appeals.

We have seen many news stories of how the COVID-19 virus has impacted many employers, causing some to turn to significant reductions in their workforce via furloughs and layoffs.   COBRA law and regulations are quite clear.

But there is an alternative for some employers.

Since 2009, special enrollment rights to immediately enroll in an employer's health plan arise if an individual becomes eligible for a state premium assistance subsidy under Medicaid or the Children's Health Insurance Program Reauthorization Act ("CHIPRA", or often shortened to CHIP).

Kushner President and CEO Gary Kushner was invited to present a 5-minute (and exactly 5 minutes) speech at this year's DisruptHR conference. His topic was on "Total Rewards: Why are We Doing What We're Doing?" Here's the video of that talk.