Employee Benefits
Departments Provide Some Relief to Health Plan Sponsors Facing Looming Year-End Deadlines
On August 20, 2021, the Departments of Labor (“DOL”), Health and Human Services (“HHS”), and the Treasury (collectively, the “Departments”) issued FAQ Part 49 delaying some of the deadlines. FAQ Part 49 is a must read for health plan sponsors to understand which deadlines have been delayed, allowing them to focus their efforts on those that have not. The FAQ also explains when regulations will be issued for various CAA requirements, and indicates the Departments do not expect to issue regulations for other provisions. In the absence of regulations, health plan sponsors must comply with the requirements of the CAA using a good faith reasonable interpretation of the statute.
We have updated our CAA compliance chart to reflect the delayed effective dates.
It’s worth noting there is no delay for the CAA provision requiring plans to perform a detailed comparative analysis for mental health non-quantitative treatment limits (“NQTLs”) upon request. This requirement took effect February 10, 2021, as explained in our April 28, 2021 SW Benefits Update, Ready or Not, Mental Health Parity Reporting Has Been Effective Since February 10, 2021. Furthermore, on August 19, 2021, a DOL representative indicated that this is one of the agency’s highest priorities during an American Bar Association webinar.