September 15, 2020

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Podcast Episode 89: DOL Revises FFCRA Regulations in Response to August NY District Court Ruling

In this episode, Suzanne Spradley and Chase Cannon look closely at newly revised DOL regulations relating to the FFCRA. Suzanne outlines the holding in the NY court case that led to the DOL’s revisions. Suzanne and Chase outline how the DOL’s revised regulations respond to the court’s position that the FFCRA’s “work availability” requirement was unreasoned and inconsistent. Suzanne continues with an explanation and discussion on how the revised regulations reiterate that work availability and employer agreement for intermittent leave are both grounded in longstanding FMLA rules. Suzanne and Chase break down the updated definition of “health care provider” in the context of exceptions from FFCRA leave. The two then close by outlining the DOL’s revised position on employee documentation of FFCRA leave.

Every other week, NFP's legal experts make the subject of compliance personal for a wide audience. By breaking down the daunting details of emerging policies and bridging the gap between legislation and what it means for the listener, Chase Cannon and Suzanne Spradley make compliance issues relatable and relevant. Visit our Soundcloud page every two weeks for the most up-to-date episode.

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September Get Wise Wednesdays Webinar – Register Now

Join us as we provide benefits compliance tips on facilitating the annual open enrollment period. We will lay out some general plan sponsor best practices and highlight some of the specific considerations that may be necessary this year.

The Time Has Come for Open Enrollment
September 16, 2020
2:00 to 3:00 p.m. CT (3:00 to 4:00 p.m. ET)
Register Now »

A recording will be posted to the NFP Client Learning Portal within 48 hours of the live webinar. Those listening to a recorded webinar aren’t eligible for recertification credit.

All programs are pending approval for 1.0 (general) recertification credit hour toward PHR, SPHR and GPHR recertification through the HR Certification Institute. For more information about certification or recertification, visit the HR Certification Institute website at

Reminder: Calendar Year SAR Must Be Distributed by September 30, 2020

Plans that are subject to ERISA and Form 5500 filing must distribute the Summary Annual Report (SAR) to participants within nine months of the end of the plan year; thus, a calendar year plan is generally required to distribute the SAR for the 2019 plan year by September 30, 2020. If the plan applied for an extension to the Form 5500 filing, the SAR is then due within two months following that filing.

The SAR is a summary of the plan’s information reported on the Form 5500. If a plan is not subject to Form 5500 filing, then it is exempt from the SAR notice requirement — this would include church plans, governmental plans and unfunded or insured plans with fewer than 100 participants. Also, large, unfunded self-insured plans are exempt from the SAR requirement even though they are subject to the Form 5500 filing requirement.

Model language is available for SAR preparation. Please ask your advisor for assistance. For additional information, see the frequently asked question featured in the August 23, 2016, edition of Compliance Corner.

It’s MLR Rebate Time Again!

The ACA requires insurers to submit an annual report to HHS accounting for plan costs. If the insurer does not meet the medical loss ratio standards, they must provide rebates to policyholders. Rebates must be distributed to employer plan sponsors between August 1, 2020, and September 30, 2020. Employers should keep in mind that if they receive a rebate, there are strict guidelines as to how the rebate may be used or distributed.

For more information, please contact your advisor for a copy of “Medical Loss Ratio Rebates: A Guide for Employers” or “Medical Loss Ratio: PPACA’s Rules on Rebates.”

Reminder: Medicare Part D Notice to Employees Deadline Is October 14, 2020

Employers must notify individuals who are eligible to participate in their medical plan whether the plan’s prescription drug coverage is “creditable” or “non-creditable” as compared to Medicare Part D coverage.

As a reminder, the Medicare Part D notice of creditable coverage should be distributed to employees by October 14, 2020. This notice serves to put Medicare-eligible individuals on notice of whether or not their employer group coverage is creditable. That information is necessary to help such individuals avoid paying higher premiums (also known as late enrollment penalties) for Medicare Part D coverage.

Employers should consult with their service providers to determine whether their coverage is creditable using either the simplified determination method or an actuarial analysis. Also keep in mind that CMS provides a model notice for employers.

For more information, please contact your advisor for a copy of “Medicare Part D Guidance for Employers”.