What’s Old Is New Again: HHS Proposes to Reinstate and Expand Transgender Nondiscrimination Rules

Since it was enacted in 2010, Section 1557 of the Affordable Care Act (“Section 1557”) has prohibited discrimination in covered health programs and activities on the basis of race, color, national origin, age, disability, or sex.  As we have previously … Continue reading

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Federal Agencies Issue Guidance After Dobbs Ruling

In response to the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, the U.S. Department of Health and Human Services (“HHS”) Secretary Xavier Becerra directed HHS agencies to act within their power to protect the rights of patients … Continue reading

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Rethinking Reproductive Healthcare Benefits After Roe: Three Initial Benefits Questions for Employers to Consider

The U.S. Supreme Court released their final opinion in Dobbs v. Jackson Women’s Health Organization on June 24, 2022.  Justice Alito’s opinion closely tracked the draft opinion that was leaked on May 2, 2022.  The opinion holds: “The Constitution does … Continue reading

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Group Health Plans Must Provide Free Over-the-Counter COVID-19 Tests Effective January 15, 2022

On January 10, 2022, the Departments of Labor, Health and Human Services, and Treasury (collectively the “Departments”) issued Affordable Care Act FAQs Part 51 which addresses, in relevant part, payment for over-the-counter (“OTC”) COVID-19 testing. Shortly after, on February 4, 2022, the … Continue reading

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An Interesting Intersection: No Surprises Act Claims and the New Fee Disclosure Requirements for Group Health Plans

As reported in our January 7, 2022 SW Benefits Blog “The DOL Asks and Answers Questions About the New Welfare Plan Fee Disclosure Rules,” group health plans must now comply with the ERISA Section 408(b)(2) disclosure requirements.  The CAA amended … Continue reading

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Group Health Plans Must Provide Free Over-the-Counter COVID-19 Tests Effective January 15, 2022

On January 10, 2022 the Departments of Labor, Health and Human Services, and Treasury issued Affordable Care Act FAQs Part 51 which addresses, in relevant part, payment for over-the-counter (“OTC”) COVID-19 testing.   For more information about the OTC COVID-19 testing and its … Continue reading

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Better Late Than Never: IRS Issues Guidance Clarifying COBRA Premium Subsidy Rules

S&W Insight: The IRS clarified several trailing issues with respect to COBRA premium subsidies under the American Rescue Plan Act, including extended election periods, eligibility for other coverage, and rules about allocating premium credits among employers. In addition, a notice … Continue reading

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Not All Surprises Are Good – Phase I of the Surprise Billing Rules

On July 1, 2021, the Office of Personnel Management, Department of the Treasury, Department of Health and Human Services, and Department of Labor issued the interim final rule “Requirements Related to Surprise Billing; Part I” (the “IFR”), which is the … Continue reading

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Subsidized COBRA Elections under ARPA Override COBRA Election Deadline Extensions

As detailed in our SW Benefits Update, “Ironing Out the Wrinkles – IRS Answers 86 Questions About COBRA Relief Under the American Rescue Plan Act,” the IRS recently released Notice 2021-31 (the “Notice”), providing welcome guidance on the COBRA election … Continue reading

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In Case You Missed It – Key 2021 Employee Benefits Topics

This year is off to a fast start and plan sponsors might find their heads spinning as they try to keep track of rapidly developing employee benefits legislation and guidance.  We periodically consolidate key newsletters and blog posts to help … Continue reading

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