Add reviewing and updating your plan language, notices and processes for administering the coverage continuation requirements to the ever-growing list of items that employers and other group health plan sponsors, insurers, administrators and fiduciaries need to handle this year.
The most recently emerging guidance published by federal regulators to implement the Patient Protection & Affordability Act (ACA) and other health care reforms is a package of new guidance on COBRA and its interface with COBRA published in early May. This guidance includes a new HHS Bulletin Allowing COBRA Qualified Beneficiaries to Enroll in the Health Insurance Marketplace, as well as a series of updated model COBRA and CHIP Notices and related documents.
The HHS Bulletin on COBRA allows individuals who previously elected COBRA rather than enrolling in coverage through one of the new health insurance exchanges created under ACA a special extended enrollment opportunity to enroll in coverage under these exchanges. Many employers and health plans may want to communicate this new option to help minimize their COBRA exposures.
Beyond the extended exchange enrollment period for COBRA enrolled or eligible persons, the new guidance also may merit updates and changes to group health plan’s existing COBRA plan language, notices and election forms and procedures. Labor Department guidance several years ago significantly expanded the number of notifications required under COBRA as well as the required content. In connection with that guidance, the Labor Department published various model notices and other materials. As part of new guidance published in May, 2014, the Labor Department has revised and published updated versions of many of these model documents. The updated materials include:
- Updated COBRA Model Notice
- Updated COBRA Model General Notice, available at http://www.dol.gov/ebsa/modelgeneralnotice.doc
- Updated COBRA Model Election Notice, available at http://www.dol.gov/ebsa/modelelectionnotice.doc
- Updated CHIP Notice, available at http://www.dol.gov/ebsa/chipmodelnotice.doc
- Notice of Proposed Rulemaking, available at http://www.dol.gov/ebsa/pdf/cobranprm.pdf
In addition to the updated COBRA guidance, employers, health plans and their insurers, administrators and fiduciaries also will want to review and update their plan language, processes, budgets, notices and other materials in response to updated guidance in Affordable Care Act Implementation FAQs Part XIX on Department of Labor model notices, limitations on cost-sharing, coverage of preventive services, health flexible spending account (FSA) carryover and excepted benefits, and the Summary of Benefits and Coverage requirements of PHS Act §2715. Employers and others involved in the design or administration of group health plans also will want to review this new guidance as part of their continuing health plan compliance, cost forecasting and planning efforts.
Catch Up On Latest, Get Practical Health Plan Insights At June 17 Texas CEO Briefing
Texas CEO Magazine invites Solutions Law Press Readers to catch up on new developments and strategies to help employers prepare for and cope with the ever-evolving stream of health plan developments enacted under the Patient Protection & Affordable Care Act by participating in a practical briefing on:
Tuesday, June 17
7:30 – 9:00 a.m.
Park City Club
5956 Sherry Lane, Dallas
Two of Texas CEO’s “Top 10 Most Read” articles in 2013 were authored by Dallas attorney and benefit specialist Cynthia Stamer who will anchor a panel of benefit experts that will explore new developments and their practical implications on:
- Benefit Plan Design
- Workforce Classification
- Data Collection
- Cost Projections
- Private Exchanges
- New Reporting Requirements (IRC 6055 & 6056)
- Noncompliance Penalties
- Avoiding the Tax
- The New Care Delivery Dynamic
Featured Speakers include Cynthia Stamer, Managing Partner, Solutions Lawyer Publisher and Author, Eric Bassett, Senior Partner & Central Market Leader, Mercer Health & Benefits Consulting, Scott Gibbs, Senior Vice President, McGriff, Seibels & Williams, Inc., and Becky Parker, Health Reform Director, MHBT Inc.
Cynthia is a Dallas-based attorney who has spent more than 25 years helping private and public employers and health and employee benefit planners develop, implement, administer and defend creative, legally compliant and operationally effective health plans and policies.
Cynthia’s Texas CEO Magazine article, “Benefit Plan Triage: 12 STEPS EVERY EMPLOYER WITH A HEALTH PLAN SHOULD DO NOW,” was one of the Top 10 most-read articles of 2012. And in 2013, “Getting Ready for ACA Reform: 13 Steps to Take Now,” and “Affordable Care Act Update,” were both Top 10 most read articles.
Cynthia, among other things, is:
- Past Chair of the ABA Health Law Section Managed Care & Insurance Interest Group
- Immediate Past Chair of the ABA’s RPTE Employee Benefit & Compensation Committee
- Marketing Committee Chair of the ABA Joint Committee on Employee Benefits
- Vice Chair of the ABA Tort & Insurance Practice Section Employee Benefits Committee
- Current Vice-Chair of the Gulf States TEGE Council – Exempt Organizations Group
Eric works with clients in all areas of health care and group benefits with particular emphasis on health care strategies, delivery system capabilities, defined contribution, and consumerism. Eric began his 28-year health care career working for health care vendors. He has led cross-functional teams involved in the development of rural managed care strategies, integration of legacy networks and systems, physician profiling and implementation of open access networks and systems. Eric’s consulting experience includes:
- Developing and managing health improvement, disease and demand management programs.
- Chronic PCMH program design and development.
- Working with management and labor during collective bargaining.
- Integrating and consolidating benefit plans for mergers and acquisitions.
- Working closely with corporate committees to facilitate decision-making.
- Active and retiree exchange strategy and design.
Scott Gibbs works with large employers on long term strategies to make corporate benefit plans consistent with the company’s goals and budgets, working with both fully-insured and self-funded plans.
Scott is a member of:
- Society for Human Resource Management (SHRM)
- Texas Public Risk Management Association
- International Foundation of Employee Benefit Plans
- State and Local Government Benefit Association
- Scott has an undergraduate degree from Baylor University and a Master’s in Health Care Administration from Trinity University.
Becky directs all corporate strategy and communication on the Affordable Care Act for MHBT and its clients. She has worked as an employee benefits advisor since 1992 and was one of the first employee benefits professionals to have earned a Certification in Health Care Reform Studies from The American College.
Becky is an active member of the Austin Association of Health Underwriters where she was president in 2003 and also served on the Texas Association of Health Underwriters board as their liaison to the Texas Department of Insurance and was honored nationally for her work.
Becky is an advocate for employee benefits in the legislative arena regularly testifying at the Texas State Capitol and engaging our federal elected officials on insurance related matters. Becky has even advised Texas Congressmen on the employer aspects of the Affordable Care Act.
Becky holds a Bachelor of Arts degree from The University of Texas at Austin.
For Representation, Training & Other Resources
If you need assistance monitoring these and other regulatory policy, enforcement, litigation or other developments, or to review or respond to these or other workforce, benefits and compensation, performance and risk management, compliance, enforcement or management concerns, the author of this update, attorney Cynthia Marcotte Stamer may be able to help.
Board Certified in Labor & Employment Law, Past Chair of the ABA RPTE Employee Benefit & Other Compensation Arrangements Group, Co-Chair and Past Chair of the ABA RPTE Welfare Plan Committee, Vice Chair of the ABA TIPS Employee Benefit Plans Committee, Vice President of the North Texas Health Care Compliance Professionals Association, Past Chair of the ABA Health Law Section Managed Care & Insurance Section and the former Board Compliance Chair of the National Kidney Foundation of North Texas, Ms. Stamer has more than 24 years experience advising health plan and employee benefit, insurance, financial services, employer and health industry clients about these and other matters. Ms. Stamer has extensive experience advising and assisting health care providers, health plans, their business associates and other health industry clients to establish and administer medical privacy and other compliance and risk management policies, to health care industry investigation, enforcement and other compliance, public policy, regulatory, staffing, and other operations and risk management concerns. She regularly designs and presents HIPAA and other risk management, compliance and other training for health plans, employers, health care providers, professional associations and others.
For the past two years, Ms. Stamer has served as the scribe for the ABA Joint Committee on Employee Benefits agency meeting with OCR. Ms. Stamer also regularly works with OCR, FTC, USSS, FBI and state and local law enforcement on privacy, data security, health care, benefits and insurance and other matters, publishes and speaks extensively on medical and other privacy and data security, health and managed care industry regulatory, staffing and human resources, compensation and benefits, technology, public policy, reimbursement and other operations and risk management concerns. Her publications and insights appear in the Health Care Compliance Association, Atlantic Information Service, Bureau of National Affairs, World At Work, The Wall Street Journal, Business Insurance, the Dallas Morning News, Modern Health Care, Managed Healthcare, Health Leaders, and a many other national and local publications. For instance, Ms. Stamer for the second year will serve as the appointed scribe for the ABA Joint Committee on Employee Benefits Agency meeting with OCR. Her insights on HIPAA risk management and compliance frequently appear in medical privacy related publications of a broad range of health care, health plan and other industry publications Among others, she has conducted privacy training for the Association of State & Territorial Health Plans (ASTHO), the Los Angeles Health Department, the American Bar Association, the Health Care Compliance Association, a multitude of health industry, health plan, insurance and financial services, education, employer employee benefit and other clients, trade and professional associations and others. You can get more information about her HIPAA and other experience here.
If you need assistance with these or other compliance concerns, wish to inquire about arranging for compliance audit or training, or need legal representation on other matters please contact Ms. Stamer at (469) 767-8872 or via e-mail here.
You can review other recent publications and resources and additional information about the other experience of Ms. Stamer here. Examples of some recent publications that may be of interest include:
- Review & Update Health Plan Notices, Language & Process For New Guidance On COBRA, Other Key Health Plan Rules
- 6/17 Workshop Helps Businesses Get Ready for Latest Affordable Care Act Rollout
- EEOC Suit Against Pipe Fitting Business Shows Disability Discrimination Risks For Employers Hiring Vets With PTSD
- PBGC Publishes Multiemployer Plans Valuation and Notice Requirements Final Rule
- Post-Windsor Same-Sex Participant Guidance May Require Mid-Year Plan Amendments
- Arkansas Judge Finds Arkansas Same-Sex Marriage Bans Unconstitutional; State Asks For Stay Pending Appeal
- Businesses Employing Children Should Review & Tighten Practices In Light of Tightened Rules & Increased Penalties
- Encrypt Mobile Devices & Clean Up Management Documentation Key HIPAA Compliance Messages In New HIPAA Settlements
- Stamer Talks About “Handling Health Plan Spouse, Dependent & Other “Family” Matters in Post-DOMA World” at SPBA 2014 Spring Meeting
- Stamer Speaks On “Action Steps When A Client Stops Funding Claims” at 2014 SPBA Spring Meeting
- IRS Gives Ex Pat Plans Limited Exemption From ACA Reporting Rule
- PBGC Proposes Rules Allowing Lifetime Benefit Rollover Option For Defined Contribution Participant Account Balances
- ONC HIPAA Security Risk Assessment Tool Intended To Help Covered Entities Assess Compliance
- List of Countries Excluded From Foreign Earned Income Exclusion Minimum Time Requirements Published
- Some Sponsors Should Act by 3/31 To Withdraw Individually-Designed Cash Balance Plan Approval Request
If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information including your preferred e-mail by creating or updating your profile here. For important information about this communication click here.
©2014 Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions Law Press, Inc. All rights reserved.