Insights

Federal Agencies Release Regulatory Agenda


The Departments of Labor, Treasury and HHS recently released their semi-annual regulatory agendas. The agencies highlight possible action on several different employee benefit plan issues and are meant to help employers plan sponsors and industry professionals prepare for potential changes in the benefits compliance world. The agendas do not provide a final timeline or publication dates, but they do provide insight into what could be on the horizon for the upcoming year. Here are some highlights from the agendas:

DOL

  • For health plans: proposed rules on grandfathered group health plans
  • For health and retirement plans: final rules amending the Voluntary Fiduciary Correction Program to expand the scope of transactions eligible for the program
  • For retirement plans: proposed rules related to fiduciary duties, prohibited transactions and investment advice for a fee or other compensation (please see the “DOL Finalizes Conflict of Interest Rule and Proposes New Class Exemption” article in this edition)
  • For employers: the DOL intends to solicit comments on ways to improve its regulations under the FMLA to: 1) better protect and suit the needs of workers; and 2) reduce administrative and compliance burdens on employers
  • For employers: proposed rules for determining independent contractor status under the Fair Labor Standards Act

Treasury

  • For health plans: proposed rules related to the definition of medical care under Section 213(d) of the IRC
  • For health plans: proposed rules on grandfathered group health plans
  • For health plans: final rules regarding application of the employer shared responsibility provisions to ICHRAs
  • For health and retirement plans: the Treasury intends to issue an Advance Notice of Proposed Rulemaking to describe guidance under consideration and solicit comments on rules for determining whether two or more separate service entities constitute an affiliated service group under section 414(m)
  • For retirement plans: proposed rules describing when forfeitures may be used or allocated in a qualified retirement plan
  • For retirement plans: proposed rules implementing SECURE Act provisions related to 401(k) plans

HHS

  • For health plans: proposed rules on grandfathered group health plans
  • For health plans: annual proposed rules setting forth 2022 cost-sharing parameters and guidance on other ACA provisions
  • Proposed rules that rescind the adoption of the standard unique health plan identifier (HPID) and other entity identifier
  • Proposed rules on miscellaneous Medicare Secondary Payer (MSP) clarifications and updates and related penalties for MSP reporting requirements

We will continue to follow and report on these rules in Compliance Corner as the departments go through the rulemaking process.

DOL Rule List »
Treasury Rule List »
HHS Rule List »