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January/February 2012
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August 18, 2009
Articles
Health Plan To-Do List – 2009
Several laws take effect for calendar-year health plans on January 1, 2010. (Note: Legislation effective dates may be different if your plan is not a calendar-year plan or if your plan is collectively bargained.)
Review and amend your benefits plans by the end of 2009 for:
Mental Health Parity and Addiction Equity Act of 2008 - Group Health Plans must provide mental health and/or substance use disorder benefits on an equivalent basis to medical/surgical benefits (or eliminate such benefits).
Michelle’s Law - Group Health Plans are to extend eligibility for coverage to student child dependents over 18 years of age who suffer a medically necessary leave of absence from the educational program.
Genetic Information Nondiscrimination Act (GINA) – Group Health plan may not impose a pre-existing condition limitation on the basis of genetic information. Plans may not use genetic information to discrimination in eligibility, premiums or coverage. Plans may not require genetic testing. Genetic information is PHI.
HIPAA Changes Under the Stimulus Act - Breach of Unsecured PHI Notification Rules become effective August, 2009. Effective February 17, 2010, Business Associates are directly responsible for compliance with HIPAA’s rules and regulations. These and other revisions to HIPAA will require plan to revise their HIPAA policies and procedures, provide training to persons dealing with PHI, and amend their Business Associate Agreements.
Special Enrollment related to CHIP and Medicare – Effective April 1, 2009, group health plans are to provide special enrollment for persons losing CHIP or Medicare coverage or obtaining premium assistance from a state under a CHIP or Medicare program. Notice requirements of certain rights will be required starting for most plans on January 1, 2011.
Cafeteria Plans – The IRS regulations have not been finalized yet, but IRS has indicated that it expects to finalize this year with a January 1, 2010 effective date. All plans must be in writing. Benefit options under a Cafeteria plan have been clarified and, to a certain degree, expanded.
Additional Miscellaneous Laws to Consider: The COBRA subsidy law, which expires the end of this year, unless extended. The American with Disabilities Act as amended for its new definitions of certain terms for determining disability. The Family Medical Leave Act which was amended effective January 19, 2009, with expanded military leave rights.
If you need assistance reviewing and revising your Health Plans, please contact Ruth Marcott at (612) 373-8435 or by email, rmarcott@felhaber.com or Bill Ecklund at (612) 373-8509 or by email, wecklund@felhaber.com.
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Felhaber, Larson, Fenlon & Vogt, P.A. |
Felhaber, Larson, Fenlon & Vogt, P.A. |
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