A project of the George Washington University's Hirsh Health Law and Policy Program and the Robert Wood Johnson Foundation

Employee Benefit Security Administration

Department of Labor releases FAQs on mental health parity compliance

Posted on May 10, 2012

The Department of Labor’s Employee Benefits Security Administration published a set of frequently asked questions (FAQs) regarding implementation of the Mental Health Parity and Addiction Equity Act of 2008.

Amongst other topics, the FAQs address…

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Three federal agencies release request for information on stop-loss coverage

Posted on April 30, 2012

On April 27, 2012, the Department of the Treasury’s Internal Revenue Service (IRS), the Department of Labor’s Employee Benefits Security Administration, and the Department of Health and Human Services’ (HHS) Centers for Medicare & Medicaid Services (CMS) issued a request for information (RFI) regarding the use of stop loss insurance by group health plans and their plan sponsors, with a focus on the prevalence and consequences of stop loss insurance at low attachment points, or the point at which excess insurance or reinsurance limits apply.

Concerns have circulated that the practice could lead to higher costs in small group health insurance exchanges. Stop-loss insurance protects self-insured companies against claims above the attachment point. Employers and plans that purchase stop-loss insurance generally are not subject to state health insurance laws regarding coverage, rating policies, and other state and federal consumer protections, and thus could prove financially risky in the exchange market. Specifically, if the practice is widespread, it could worsen the risk pool and increase premiums in the insured small group market, including the Small Business Health Options Program (SHOP) exchanges.

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Final rule released requiring insurers to use plain language in describing benefits, coverage

Posted on February 9, 2012

Today the Department of Health and Human Services, the Department of Treasury, and the Department of Labor released a final rule requiring insurers to use plain language in describing health plan benefits and coverage under the Affordable Care Act (ACA). The regulations mandate health insurers and group health plans to provide concise and comprehensible information about health plan benefits and coverage to Americans with private health coverage. The new rules will also facilitate easier plan comparison for individuals and employers. The new explanations, available on or soon after September 23, 2012, will be a critical resource for the roughly 150 million Americans with private health insurance. Specifically, these rules will ensure consumers have access to two key documents that will help them understand and evaluate their health insurance choices…

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HHS issues amended preventive services IFR

Posted on August 1, 2011

The U.S. Department of Health and Human Services (HHS) has issued an amended version of the previous Interim Final Rule on the coverage of preventive services by group health plans and health insurance issuers under the Affordable Care Act (ACA). The amended rule reflects recent recommendations by the Institute of Medicine (IOM) regarding particular preventive services for women that should be covered at no cost by insurance companies. Services include screening and counseling for certain sexually transmitted infections, screening for gestational diabetes, and among others, counseling and contraception to prevent unintended pregnancies. The Internal Revenue Service has also issued an amended rule that reflects the coverage of these preventive services.

*** On August 3, 2011, HHS issued an amendment to the amended IFR, further clarifying the expemption of religious organizations from the contraception coverage requirement.

For more information on prevention, click here.

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DOL/IRS issue amendments to IFR on claims appeals

Posted on June 22, 2011

The US Department of Labor (DOL) and the Internal Revenue Service (IRS) have issued separate amendments to the July 23, 2010 Interim Final Rule (IFR) on internal claims and appeals and external review processes for group health plans and health insurance issuers offering coverage in the group and individual markets. The Employee Benefits Security Administration (EBSA) of the Department of Labor has also issued new guidance on the subject.

The IFR, recent amendments, and recent guidance do not apply to grandfathered plans.

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Agency Profile: Department of Labor

Posted on December 13, 2010

The responsibilities for implementing the Affordable Care Act are spread across several federal departments and the offices within them. This is the latest in a series of briefs developed by HealthReformGPS describing the implementing agencies and their roles.

Though the Affordable Care Act (ACA) left the basic framework of ERISA unchanged, it introduced many new requirements on employer-sponsored insurance (ESI) to strengthen the rights of beneficiaries. DOL is the lead agency responsible for implementing these new requirements.

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Grandfathered plans IFR amendment, request for comment

Posted on November 16, 2010

On November 17, amendments to the interim final rule (IFR) on grandfathered plans will be published in the federal register with request for comment. The major change it makes to the IFR is that it will allow employers to change issuers without losing grandfathered status.

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DOL posts fourth health reform FAQ

Posted on November 2, 2010

The Department of Labor has posted the fourth in a series ofFAQs on health reform implementation, this time addressing grandfathered health plans.

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DOL posts third health reform FAQ

Posted on October 12, 2010

The Department of Labor has posted the third in a series ofFAQs on health reform implementation, this time addressing group health plan exemptions for firms with less than two current employees.

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DOL posts second health reform FAQ

Posted on October 8, 2010

The Department of Labor has posted the second in a series ofFAQs on health reform implementation, this time addressing topics including grandfathered health plans, rescissions, and dental and vision benefits.

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