New and Updated in Health and Welfare Plans (Q2 2023) | 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 Q2 2023.
New from Practical Law Employee Benefits & Executive Compensation! A collection of the top Health and Welfare Plan resources we published or significantly updated during Q2 2023.
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 Q2 2023:
HIPAA Notice of Privacy Practices for Group Health Plans. We updated this standard document to reflect proposed regulations (issued under the CARES Act) that would better align existing protections for substance use disorder security (Part 2) with the HIPAA rules (including HIPAA privacy notices).
HIPAA Proposed Regulations to Support Reproductive Health Care Privacy. This article addresses HHS proposed regulations (Apr. 2023) that would amend the HIPAA Privacy Rule to support reproductive health care. HHS's proposed regulations would prohibit uses and disclosures of protected health information (PHI) for criminal, civil, or administrative investigations or proceedings against individuals and HIPAA covered entities or their business associates for seeking, obtaining, providing, or facilitating reproductive health care that is lawful under the circumstances in which it is provided.
Mental Health Parity: Overview. This resource is updated to reflect elimination of the MHPAEA opt-out for self-funded, non-federal governmental health plans, under legislation enacted in December 2022. This legislation was the subject of implementing CMS guidance issued in June 2023.
Preventive Health Services Under the ACA, Other Than Contraceptives. This resource is updated to reflect recent litigation (and follow-on guidance from the administrative agencies) in which a Texas district court barred all actions by the Departments to implement or enforce USPSTF recommendations under the ACA's preventive health services requirements.
Qualified Small Employer Health Reimbursement Arrangements (QSEHRAs). This resource is updated to reflect QSEHRA-related statutory and regulatory developments involving COVID-19, the Medicare Secondary Payer (MSP) reporting requirements, and special enrollment periods for individual market coverage. This resource also reflects the 2023 total payment and reimbursement limits for QSEHRAs.
SPD Language, Subrogation and Reimbursement. We updated this resource for recent subrogation and reimbursement litigation, including a decision rejecting a participant's argument that a plan should not be able to enforce its reimbursement provision regarding a surgery that the plan should not have approved for coverage in the first place.
Surprise Medical Billing for Group Health Plans: Independent Dispute Resolution (IDR) Process (Part I). This resource is updated to reflect recent FAQ guidance and related guidance addressing various issues involving the federal IDR process under the No Surprises Act (NSA). Among other topics, the guidance addressed plans or insurers that require submission of open negotiation information through their own online portal.