Legal Alert – REMINDER: PCORI Fees Due by July 31, 2017

Employers that sponsor self-insured group health plans, including health reimbursement arrangements (HRAs) should keep in mind the upcoming July 31, 2017 deadline for paying fees
that fund the Patient-Centered Outcomes Research Institute (PCORI). As background, the PCORI was established as part of the Affordable Care Act (ACA) to conduct research to evaluate the effectiveness of medical treatments, procedures and strategies that treat, manage, diagnose or prevent illness or injury. Under the ACA, most employer sponsors and insurers will be required to pay PCORI fees until 2019.

For more information, click HERE to read this important legal alert.

Legal Alert – Updated Model Marketplace Notice Available

The Employee Benefits Security Administration (EBSA) has extended the expiration dates on model notices for the “Notice to Employees of Coverage Options,” which is often referred to as the Marketplace Notice. Current versions of the model notices in English and Spanish are available on the EBSA’s website and are set to expire 4/30/2017. The expiration date on the model notices has been extended in one-month increments several times recently, which is usually a signal that the model notice may be significantly updated in the future. Nonetheless, the content has thus far not changed with the expiration date.

Employers may update their Marketplace Notice with each expiration date change, use their existing notice, or they may use the attached simplified version of the Notice that has been adapted for a typical employer that provides affordable, minimum value coverage to all full-time employees. You will notice that the simplified notice, attached, does not include Part B of the model notice; Part B distribution is not required, but employers should be prepared to answer questions relating to that information upon request.

As a reminder, all employers subject to the Fair Labor Standards Act (FLSA) must provide a notice of coverage options to each employee, regardless of plan eligibility or enrollment status, within 14 days of that employee’s start date. Failure to provide the notice may result in ERISA penalties.

TRUEbenefits will continue to monitor the model notices for substantive changes. If you have any questions, please reach out to the TRUEbenefits team.

Legal Alert – House Republicans Withdraw the AHCA Before a Planned Vote But Efforts to Repeal Continue

When the House of Representatives pulled the proposed American Health Care Act (AHCA) from the House floor on March 24, 2017, Speaker Paul Ryan said, “0bamacare is the law of the land. We’re going to be living with Obamacare for the foreseeable future.” However, as of March 28, there have been reports that the House Republican leaders and the Trump Administration have resumed renegotiations on legislation to repeal the ACA. At this time, there are no details about what may be in any renewed repeal legislation or the timing of its release for a vote.

For more information about the legislative climate, click HERE to read this important legal alert.

Legal Alert – House Committees Release Proposed Legislation to Repeal and Replace the ACA

On March 6, 2017, Republican leadership in the U.S. House of Representatives issued two bills to repeal and replace the Affordable Care Act (ACA) through the budget reconciliation process. These bills, which were issued by the Ways and Means Committee and the Energy and Commerce Committee, are collectively known as the American Health Care Act (AHCA). To become law, these bills must go through the legislative process, although a budget reconciliation bill can be passed with a simple majority vote.

Click HERE to read this important alert.