September 2023 Compliance Recap
Read Time: 8 Minutes

In September, plan sponsors began sending out Medcare Part D Creditable Coverage notices, and both Oregon and Maine announced Paid Family and Medical Leave laws. Sponsors of group health plans began completing the required Gag Clause Attestation due by the end of 2023. The Departments of Labor, Health and Human Services, and Treasury released guidance on complying with the MHPAEA, and are soliciting comments on ways to motivate participation by TPAs. The government once again offers free COVID-19 tests with home delivery.


Compliance Considerations for Self-Funding

Tuesday, November 14, 2023

Attend this month's webinar to gain an understanding of the rules and regulations that govern self-insured health plans.

Gain insights into:

  • The plan exemption from state insurance laws
  • The Affordable Care Act and Consolidated Appropriations Act reforms that apply and how they differ from fully insured plan requirements
  • Required plan documents, annual notices, and non-discrimination tests

Registration Code: UBA410EW
Earn Recertification Credits
This webinar has been submitted to the Human Resource Certification Institute and the Society for Human Resource Management to qualify for 1 recertification credit hour.
The use of the HRCI seal confirms that this activity has met HR Certification Institute’s® (HRCI®) criteria for recertification credit pre-approval. Kutak Rock is recognized by SHRM to offer Professional Development Credits (PDCs) for SHRM-CP® or SHRM-SCP®.
2023 State of HR: 3 Ways for SMBs to Thrive Amid Workplace Challenges
Source: Mineral

"Bad companies are destroyed by crises. Great companies are improved by them."

These words, from former Intel CEO Andrew Grove, were spoken long before 2020 and the unprecedented challenges we’ve faced in the years since. Still, I think there’s inspiration to be found as we take the crises from the last few years and apply what we’ve learned to make our organizations even stronger than before.

As we continue to rebuild from the toll taken by the pandemic, and as we face an uncertain future, I understand the instinct among small business leaders to tighten business operations and investment in the name of future-proofing... Keep Reading
The Night of the Gag Clause Prohibition Compliance Attestation
Source: HR Service Inc.

The Gag Clause Prohibition Compliance Attestation, or GCPCA, is a part of the Consolidated Appropriations Act from December 2020. This attestation is now being enforced, and needs to be filed by December 31, 2023 by all individual and group health plans... Keep Reading
Question of the Week

Q: Can we prohibit employees from dyeing their hair bright pink, aqua, or other extreme colors?

A: Yes. Non-natural hair color is not a protected characteristic. Even so, there are a few things you may want to consider before making a policy about this:

  • Extreme" hair colors are becoming more and more common, so restricting colors may dampen employee morale or limit your applicant pool.
  • You may need to provide exceptions for any coloring that is due to a religious practice or common for a particular ethnicity.
  • If you do make a policy, it may be hard to draw lines between what is and is not allowed (e.g., vibrant auburn v. rainbow red). You’ll want to be prepared for that, and make sure managers understand the policy so it can be implemented consistently.
While employers generally have the right to set dress codes and guidelines for professional appearance, it’s best to have a sound business reason for any restrictions. If neon pink hair just feels unprofessional to you but is unlikely to affect your bottom line, it may be best to just let employees express themselves in this way.

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