Compliance Recap: August 2020 - Bim Group

Compliance Recap: August 2020

August was a relatively busy month in the employee benefits world.

The Congressional Research Service (CRS) released an updated report on health savings accounts (HSAs) that summarizes the principal rules governing HSAs and changes made to HSAs as a result of the COVID-19 pandemic. The Department of Health and Human Services Office for Civil Rights (OCR) issued amended guidance allowing health plans to use protected health information (PHI) to contact individuals who have recovered from COVID-19 regarding donating blood plasma.

A federal district court invalidated certain provisions of the regulations implementing the Emergency Family Medical Leave Expansion Act (EFMLEA) and the Emergency Paid Sick Leave Act (EPSLA) under the Families First Coronavirus Response Act (FFCRA). The U.S. Supreme Court announced the date for oral arguments in the court case challenging the constitutionality of the ACA.

The Small Business Administration (SBA) released frequently asked questions (FAQs) on the Paycheck Protection Program (PPP) that, among other items, addresses which group health plan costs are considered payroll costs that are eligible for loan forgiveness. President Trump issued an executive order and memoranda that provide or extend COVID-19 relief to individuals and businesses.

The Internal Revenue Service (IRS) released leave sharing plans FAQs noting that an employer may set up a leave sharing plan that permits employees to deposit leave in an employer-sponsored leave bank. The Department of Labor (DOL) released a proposed rule on fiduciary investment duties under ERISA.

UBA Updates

UBA updated, refreshed, or revised existing guidance:

Download the complete recap to read about:

  • CRS Releases an Updated HSA Report
  • OCR Issues Amended HIPAA Plasma Donation Guidance for Health Plans
  • Federal District Court Vacates Certain Provisions of the DOL FFCRA Leave Rules
  • U.S. Supreme Court Announces Date for Oral Arguments on the ACA Constitutionality Case
  • SBA Issues PPP FAQs
  • President Issues Executive Order and Memoranda on COVID-19 Relief
  • IRS Releases Leave Sharing Plans FAQs
  • DOL Releases Proposed Rule on Fiduciary Investment Duties Under ERISA
  • Question of the Month

Recent Insights

October 1, 2020
News

Compliance Questions of the Month

Question: We have a full-time employee. Her hire date was 4/1/16. She is going to a part-time position as of 4/1/20. She is currently eligible for and on the group health plan.  When does her coverage end, and when do we offer COBRA? Answer: The answer depends on if you are an Applicable Large Employer (ALE) or not. If you are an ALE, you will need […]
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September 23, 2020
COVID 19, EEOC

EEOC Updates Guidance Related to COVID-19 Testing

( 2 MINUTE READ ) The Equal Employment Opportunity Commission (“EEOC”) recently updated its COVID-19 Guidance Page.  The revised guidance advised that general testing administered by employers consistent with current CDC guidance will meet the ADA’s “business necessity” standard. However, in order for an employer to test only one employee, the employer should have a reasonable objective […]
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September 18, 2020
Webinar

Webinar: How Employers Can Use Medical Loss Ratio Rebates and Other Health Insurer Refunds

Tuesday, October 13, 2020 2:00 p.m. ET / 11:00 a.m. PT Register Now Join us this month for an overview of the Medical Loss Ratio (MLR) and when employers will be entitled to an MLR rebate. We will discuss employer obligations regarding MLR rebate funds or other insurance refunds and the options that are available […]
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September 16, 2020
News

Do you have employees working in the following states: California, the District of Columbia, New Jersey, Rhode Island or Vermont?

( 2 MINUTE READ ) If so, please continue reading. Employers with operations in states who are Applicable Large Employers (ALE) (companies with 50 or more employees) have an  additional state level ACA reporting requirement as part of the state’s Individual Mandate. The Individual Mandate requires individuals to purchase qualifying health coverage or pay a tax penalty unless […]
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