HR Compliance / Legislation Updates

November 2023 Compliance Recap

November brought an FAQ from the Departments of Labor, Health and Human Services, and the Treasury ensuring that SBCs and claims and appeals notices are available when more than 10 percent of the population is literate only in a specific non-English language. UnitedHealth’s pharmacy benefit manager announced $35 insulin price caps, while BlueCross BlueShield continues moving into direct-care delivery. California takes a step toward a single-payer system, while Chicago introduced a paid leave and paid sick and safe leave ordinance.

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WEBINAR

Countdown to Reporting: What It Means to Be An ALE

Tuesday, January 9, 2024

2PM EST

Attend this month's webinar to learn about the risks and responsibilities of being an applicable large employer (ALE).

Gain insights into:

The factors that determine if a group is an applicable large employer
The regulatory responsibilities of an ALE
Counting, tracking, and reporting requirements

Be able to answer these questions:

How are consultants and seasonal, temporary, and part-time employees treated?
What are the risks for an ALE that chooses not to offer coverage?
What are the penalties for non-compliant employers?

Registration Code: UBA410EW

Important Reminder: Gag Clause Attestation Due 12/31/23

The Consolidated Appropriations Act of 2021 (the CAA) requires group health plans to attest compliance with the CAA’s gag clause prohibition on an annual basis. While the prohibition of gag clauses was effective December 27, 2020, the first annual attestation is due December 31, 2023. Group health plan sponsors should begin taking steps now to prepare.

Click here for our latest resource document regarding this requirement and various carrier / TPA approaches.

Also, here is a link to a video walkthrough of how to file the attestation for those plan sponsors who need to file on their behalf.

Question of the Week

Q: Can we store completed Forms I-9 electronically?

A: Yes, you can store completed Forms I-9 electronically. However, per U.S. Citizenship and Immigration Services, any electronic storage system must include the following:

Reasonable controls to ensure the system’s integrity, accuracy, and reliability. For instance, you would need to ensure that only authorized personnel have access to the records and have a backup plan to recover records in the event of information loss.

Reasonable controls that prevent and detect any unauthorized or accidental changes. In practice, the system should create a secure and permanent record when an individual makes any changes, and this record should include the date of access, the identity of the person who accessed the electronic record, and the particular actions they took.