As we previously reported, on August 3, 2022, the Internal Revenue Service (“IRS”) issued Notice 2022-33 (Notice), for amending a retirement plan or individual retirement arrangement (IRA) to reflect specific provisions of the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act), the Bipartisan American Miners Act of 2019 (Miners Act), and the Coronavirus Aid, […]
The No Surprises Act requires plans and issuers to make certain disclosures regarding balance billing protections to participants. Federal agencies previously released a model notice that could be used to satisfy these disclosure requirements, and in frequently asked questions from August 19, 2022, they released a revised model notice based on public comments. The agencies will consider use of either […]
The determination of joint employment status by the NLRB has been a contentious issue for the past seven years. On September 6, 2022, the National Labor Relations Board (NLRB or Board) released a Notice of Proposed Rulemaking (NPRM) addressing the standard for determining joint-employer status under the National Labor Relations Act (NLRA). The NPRM proposes to rescind […]
On August 26, 2022, the U.S. Court of Appeals for the Eleventh Circuit narrowed the scope of a nationwide injunction that had barred enforcement of President Joe Biden’s COVID-19 federal contractor vaccine mandate to only apply to those who were plaintiffs in the case. Recall, in December 2021, the U.S. District Court for the Southern […]
Each year, Medicare Part D requires group health plan sponsors to disclose to individuals who are eligible for Medicare Part D and to the Centers for Medicare and Medicaid Services (CMS) whether the health plan’s prescription drug coverage is creditable. Plan sponsors must provide the annual disclosure notice to Medicare eligible individuals by October 14, which […]
Effective September 26, 2022, U.S. Citizenship and Immigration Services (USCIS) announced it is automatically extending the validity of Permanent Resident Cards (also known as Green Cards) to 24 months for lawful permanent residents who file Form I-90, “Application to Replace Permanent Resident Card.” Lawful permanent residents who properly file Form I-90 to renew an expiring or expired Green […]
The COVID-19 pandemic brought multiple temporary changes for ERISA-governed group health and welfare plans. Certain coverage mandates apply for only the duration of the COVID-19 “Public Health Emergency” (the PHE), and the ERISA deadline relief applies only during the COVID-19 “Outbreak Period” (the Outbreak Period). Impact of the Public Health Emergency The secretary of the […]
Due to the overturning of Roe v. Wade, on June 25, 2022, the U.S. Department of Health & Human Services (HHS) issued a press release which provided information about the right to access to contraception. The main takeaway is a reminder that under the Affordable Care Act (ACA), most health plans are required to provide birth control and family […]
The Occupational Safety and Health Administration (“OSHA”) announced on June 30, 2022 that it would extend its Revised National Emphasis Program for COVID-19 (NEP) until further notice. Originally launched in March 2021, the Program was set to expire on July 7, 2022. The NEP focuses enforcement efforts on companies that put the largest number of workers at serious risk of […]
In Notice 2022-33, issued on August 3, 2022, the Internal Revenue Service (IRS) extended deadlines for amending a retirement plan or individual retirement arrangement (IRA) to reflect specific provisions of the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act), the Bipartisan American Miners Act of 2019 (Miners Act), and the Coronavirus Aid, […]
