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About this Blog
Welcome to the Snell & Wilmer Benefits Blog. We will be posting about current employee benefits and executive compensation topics and issues. We invite you to contact the authors with your thoughts or questions.Blog Contributors
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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
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged 1557, ACA, biden, health program, HHS, nondiscrimination, NPRM, Obama, transgender, Trump
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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
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform, HIPAA
| Tagged abortion, CMS, dobbs, HHS, OCR, roe, wade
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Must Drug Manufacturer Coupons Count Toward Annual Maximum Out-Of-Pocket Limits? Stay Tuned …
What is the Annual Maximum Out-Of-Pocket Limit (“MOOP”)? MOOP is the most a participant must pay for covered services under a group health plan in a plan year. After a participant spends this amount on deductibles, copayments, and coinsurance, the … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged coupons, HHS, MOOP, NBPP, Notice, out-of-pocket maximum
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Reassigning Section 1557: Trump Administration Proposes Reversal of Transgender Benefits Rule
In 2016, the Department of Health and Human Services (“HHS”) Office of Civil Rights issued final regulations implementing the nondiscrimination provisions of the Affordable Care Act (“Section 1557”), which prohibit the categorical refusal of health coverage to transgender participants and … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged 1557, ACA, EEOC, HHS, transgender, transgender benefits, Trump
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HHS to Start Randomly Selecting Health Plans for HIPAA Compliance – Are You Ready?
The CMS Division of National Standards, on behalf of HHS, is launching the Compliance Review Program (the “Program”) to ensure compliance among covered entities with HIPAA Administrative Simplification rules for electronic health care transactions. HHS will randomly select health plans … Continue reading
Posted in Health & Welfare Plans, Health Care Reform
| Tagged audit, Breach Notification, CMS, HHS, HIPAA, Privacy, Security
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Transgender Benefits Revisited?
In a series of tweets published on July 26, 2017, President Trump announced a ban on transgender service in the armed forces. In the wake of this reversal of government policy, employers may question the current state of transgender benefits … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged ACA, Affordable Care Act, benefits, franciscan alliance, HHS, nondiscrimination, section 1557, transgender
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2017 HIPAA Enforcement – Appears Not To Be Slowing Down
To state the obvious, there has been some uncertainty regarding how the Trump Administration will affect federal agency enforcement efforts. However, at least, in regard to HIPAA Privacy and Security, the U.S. Department of Health and Human Services (“HHS”) Office … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, HIPAA
| Tagged audit, audits, desk audit, ePHI, health reform, HHS, HIPAA, OCR, phase 1, phase 2, phase 3, Severino, Trump
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Trumping the Affordable Care Act? Not So Fast – Impact of Executive Order on Employers Unclear
On January 20, 2017, President Trump signed an Executive Order (“Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal,” hereinafter referred to as the “Order”) relating to the future of the Affordable Care Act (“ACA”). … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged ACA, defer, DOL, eo, Executive order, HHS, IRS, Obamacare, PPACA, Section 6055, Section 6056, Trump
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A Deeper Dive: Employers Receiving Federal Funding May Be Subject to ACA’s Nondiscrimination Rule and Need to Cover Transgender Benefits
In recent months, we have written a fair amount about providing transgender benefits in light of the nondiscrimination provisions of the Affordable Care Act. Our blogs of March 30, 2016 and June 22, 2016 highlight the key contours of the … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged 1557, ACA, Affordable Care Act, covered entity, EGWP, employer group waiver program, federal financial assistance, FFA, health benefit programs, HHS, nondiscrimination, Notice
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You Received a Health Insurance Marketplace Notice from HHS – Now What?
Take a deep breath. The HHS Health Insurance Marketplace Notice (the “Notice”) may seem to be a nuisance, but it does not necessarily mean that you will be subject to employer shared responsibility penalties. First, the IRS, not HHS, assesses … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged Checklist, employer shared responsibility, HHS, Insurance Marketplace, Insurance Marketplace Notice, IRS, Notice, premium tax credit
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