EBIA Weekly Newsletter

Catching Up on Compliance? EBIA Has Resources to Help

   April 26, 2018

If you work with employee benefits, you know how quickly things can change and how challenging compliance can be. EBIA’s Benefits Compliance Library keeps you up-to-date on the legal requirements, with practical tips, checklists, and sample documents that make your job easier. Here are some of the most recent enhancements you’ll find in our COBRA and Group Health Plan Mandates publications:

COBRA: The Developing Law

  • COBRA and Medicare. We have added new examples illustrating the interaction of COBRA and Medicare and addressing situations that may arise when Medicare entitlement is based on end-stage renal disease.
  • New COBRA Cases. We note two recent court decisions holding that personal liability for COBRA penalties extends only to ERISA plan administrators and that good faith and lack of injury does not preclude a court from considering and imposing penalties.
  • COBRA and Severance Agreements. We have updated our discussion of a former employee’s ability to obtain health coverage through an Exchange following the end of employer-subsidized COBRA coverage. We also discuss coverage alternatives that employers and terminating employees may wish to consider when negotiating severance arrangements.

You may also be interested in our upcoming webinar “Learning the Ropes: An Introduction to COBRA Continuation Coverage(live on 7/19/18).

Group Health Plan Mandates

  • Medicare Part D COB. Our discussion of a group health plan’s obligation to coordinate benefits with Medicare Part D has been reworked, including a revised discussion of how CMS obtains information from and about group health plans through data exchange programs.
  • Mental Health Parity. We’ve expanded our examples of treatment limitations that don’t comply with the mental health parity requirements and added a new table of cases, including a recent case that examined a group health plan’s exclusion of nutritional counseling for anorexia nervosa.
  • Medical Support Orders. We’ve reworked our sample procedures for reviewing medical support orders and added a new filled-in sample National Medical Support Notice.

You may also be interested in our upcoming webinar “Form 5500 for Group Health Plans: Preparation and Filing(live on 5/3/18).