New and Updated in Health and Welfare Plans (Q3 2021) | Practical Law
New from Practical Law Employee Benefits & Executive Compensation! A collection of the top Health and Welfare Plan resources we published or significantly updated during Q3 2021.
New from Practical Law Employee Benefits & Executive Compensation! A collection of the top Health and Welfare Plan resources we published or significantly updated during Q3 2021.
At Practical Law, we are constantly expanding and updating our Health and Welfare Plan resources to reflect the latest developments in employee benefits law. The following list reflects some of the most important Health and Welfare Plan resources we published or substantially revised during Q3 2021:
COBRA Premium Assistance Under ARPA-21: IRS Guidance (Part III). This entirely new practice note addresses COBRA premium assistance requirements for health plan continuation coverage, as required by federal legislation enacted in March 2021 in response to the COVID-19 pandemic (ARPA-21). One of three companion resources, this practice note reflects implementing Q&A issued by the Internal Revenue Service on May 18, 2021 (Notice 2021-31) and July 26, 2021 (Notice 2021-46).
ERISA Litigation: Attorney's Fees. This resource is updated to reflect recent litigation involving ERISA attorney's fees awards, including a district court's ability to award fees for claims that are the subject of mandatory arbitration under a collective bargaining agreement.
Group Health Plans Toolkit: Surprise Medical Billing (CAA-21). We expanded this toolkit, which contains resources addressing various group health plan compliance mandates, to include newly published resources on the CAA-21's surprise medical billing for health plans and health insurers.
HIPAA Privacy Rule. We updated this resource to reflect recent legislation relating to HIPAA compliance, including a new law that requires HHS—in enforcing HIPAA—to consider whether HIPAA covered entities and business associates have implemented and applied certain recognized security practices (including with regard to cybersecurity).
HIPAA Privacy and Security (Individual Rights): Right of Access to PHI. This resource is updated to address HHS's enforcement initiative involving HIPAA's right of access, which has resulted in numerous settlements with health providers (as HIPAA covered entities) resulting from potential violations of individuals' access rights.
Proposed Regulations on Air Ambulance Services Under the No Surprises Act, Health Insurer Compensation Disclosures, and Enforcement. In September 2021, the DOL, HHS, and Treasury issued proposed regulations that would implement recently enacted requirements for group health plans and health insurers involving surprise medical billing requirements under the No Surprises Act (part of the CAA-21). This new article addresses the proposed regulations—including requirements for air ambulance services, compensation disclosures for health insurers, enforcement, and related topics.
State Mini-COBRA Laws Chart. This resource is updated to address premium assistance requirements under ARPA-21 regarding health insurance continuation coverage under state mini-COBRA laws.
Surprise Medical Billing for Group Health Plans: Independent Dispute Resolution (IDR) Process. This entirely new practice note addresses surprise medical billing requirements for group health plans and health insurers under the No Surprises Act. This resource addresses the federal independent dispute resolution (IDR) process under the No Surprises Act for determining payment amounts for certain out-of-network items and services.