HR Compliance / Legislation Updates

Departments Issue Final Rules to Clarify Dispute Resolution and Transparency under the No Surprises Act

Read Time: 6 Minutes

On August 19, the U.S. Departments of Health and Human Services, Labor, and the Treasury (the Departments) released final rules regarding the No Surprises Act provisions of the Consolidated Appropriations Act, 2021. The rules address the No Surprises Act’s required independent dispute resolution (IDR) process and finalize prior interim final rules relating to information that group health plans and health insurance issuers must share about the qualifying payment amount (QPA) – the median of a plan or insurer’s in-network rates for the item or service in the relevant geographic region – used to determine disputed out-of-network covered expenses.

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WEBINAR:

Medicare 101

Tuesday, September 20, 2022

2:00PM EST

This webinar will help you confidently manage benefits for Medicare-eligible employees by answering these questions:

Why do I need to complete the CMS disclosure form?
Who do I include in the disclosure?
What are the acceptable ways to provide Medicare Part D creditable coverage letters to my employees and their spouses?
Can an employee enroll in the group health plan and also receive prescription drug coverage from Medicare?
Can my employee continue to contribute to the HSA after enrolling in Medicare?
Can I request that my over-65 employees enroll in Medicare instead of the group health plan?

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Employers Should Prepare to Issue Medicare Part D Notices
Read Time: 6 Minutes

October 15 is just around the corner, so employers should already be planning to meet their annual Medicare Part D notice obligations. Under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA), employers that offer prescription drug coverage must notify Medicare-eligible individuals as to whether their prescription drug coverage is "creditable" or "non-creditable" for the upcoming calendar year. The Centers for Medicare and Medicaid Services (CMS) defines "creditable coverage" as prescription drug coverage that is actuarially equal to or greater than the prescription drug coverage provided under Medicare Part D.

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Compliance Question of the Week

Q: Can we require remote employees to inform us when they move to a new city or state?

A: Yes, you can and should require that remote employees notify the company when they move. There may be compliance and tax obligations when an employee relocates to a new city or state—not only for the employee, but also for you as the employer. For example, a relocated employee may now be owed a higher minimum wage or be eligible for paid sick leave. Workers’ compensation and unemployment insurance may also be affected.