Health Reimbursement Arrangements (HRAs) Toolkit. This new toolkit is a collection of resources to help employers and their advisors comply with requirements applicable to health reimbursement arrangements (HRAs). HRAs have been the topic of extensive regulatory guidance, including final regulations issued by the Departments of Labor (DOL), Health and Human Services (HHS), and Treasury in June 2019.

Individual Coverage Health Reimbursement Arrangement (ICHRA) Initial Notice. This new standard document is for use by individual coverage health reimbursement arrangements (ICHRAs) in complying with a notice requirement for covered participants and dependents under implementing regulations addressing ICHRAs.

Individual Coverage Health Reimbursement Arrangement (ICHRA) Attestations. This new standard document includes a model attestation to be furnished by ICHRAs to covered participants in complying with annual and ongoing coverage substantiation requirements under implementing regulations addressing ICHRAs.

Medicare Secondary Payer (MSP) Reporting and Penalties for Group Health Plans. This entirely new resource addresses group health plan reporting requirements related to the Medicare Secondary Payer (MSP) rules. In October 2023, the Centers for Medicare and Medicaid Services (CMS) issued final regulations governing when and how it imposes civil money penalties for group health plans and other arrangements that fail to timely comply with the MSP reporting requirements.

Mental Health Parity (MHPAEA): Proposed Regulations Addressing Comparative Analyses (Aug. 2023). This new article addresses proposed regulations issued in August 2023 that would further implement the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA), as amended by the Consolidated Appropriations Act, 2021 (CAA-21). Among other changes, the August 2023 proposed regulations would expand the requirements for performing and disclosing comparative analyses (CAs) of a plan's nonquantitative treatment limitations (NQTLs) (under the CAA-21).

Mental Health Parity (MHPAEA): Proposed Regulations Addressing Nonquantitative Treatment Limitations (Aug. 2023). This new article addresses how the August 2023 proposed regulations under MHPAEA would expand existing requirements for NQTLs.

QSEHRA Annual Notice. This newly published model notice is for use in complying with a notice requirement applicable to qualified small employer health reimbursement arrangements (QSEHRAs).

Public Health Service Act (PHSA) Compliance Opt-Out Election for Self-Funded, Non-Federal Governmental Plans. This new practice note addresses the ability of self-funded, non-federal governmental plans to elect out of complying with certain requirements under the Public Health Service Act (PHSA). Among other topics, this resource discusses legislation enacted in 2022 that eliminated the opt-out election regarding MHPAEA.

SPD Compliance Chart for ERISA Health and Welfare Plans. We substantially revised this resource, which addresses the summary plan description (SPD) compliance requirements for employers that sponsor ERISA health and welfare plans. This chart also cross-references sample standard clauses that may be used in SPDs for health and welfare plans. For more information, see ERISA Retirement Plans SPD Compliance Chart.

Surprise Medical Billing Regulations (Nov. 2023) Would Expand Open Negotiation and Federal Independent Dispute Resolution (IDR) Procedures. This new article addresses proposed administrative regulations issued in November 2023 to further implement open negotiation and federal independent dispute resolution (IDR) procedures under the No Surprises Act's (NSA's) surprise medical billing requirements. Among other changes, the proposed regulations would amend requirements involving initiation of the federal IDR process and how administrative and IDR arbitrator fees are paid and collected.