Compliance Corner: NFP Observations

Group health insurance policies issued or renewed after December 31, 2021, must provide coverage for a medically necessary insulin pump at no cost to a covered individual. An insurer may limit the coverage to only those expenses incurred through a network provider. However, the requirement does not apply to qualified high deductible health plans as such coverage would be considered impermissible and render participants ineligible for HSA contributions. Current IRS guidance provides that insuli

Effective August 28, 2021, employers with 20 or more employees within the state must provide unpaid leave to employees who are victims of domestic or sexual violence or have a family/household member who is a victim. The specific reasons for leave include: obtaining victim services from an organization, counseling, seeking legal assistance or remedies and recovering from or seeking medical attention for injuries. Employers have many responsibilities under the new law. If they have 20 to 49 empl

On December 30, 2021, the DOL issued Field Assistance Bulletin No. 2021-03, which announces a temporary enforcement policy for group health plan service provider disclosures under ERISA Section 408(b)(2). The bulletin also attempts to address certain questions regarding the required disclosures and indicates the DOL does not intend to issue regulatory guidance at this time. The Consolidated Appropriations Act, 2021 (CAA) amended ERISA Section 408(b)(2) to require group health plan service prov

On December 21, 2021, the DOL provided a supplemental statement on the use of private equity (PE) investments in designated investment alternatives made available to participants and beneficiaries in individual retirement account plans. The statement supplements the June 3, 2020 DOL Information Letter that addressed the role of PE investments in defined contribution plans. The DOL reiterated that fiduciaries could offer a professionally managed asset allocation fund with a PE component as a des

On December 29, 2021, the DOL, IRS and PBGC (the 'agencies') published advance copies of the 2021 Form 5500 Annual Return/Report (including Form 5500-SF for small plans) and related instructions in the Federal Register. The 2021 Form 5500-EZ and instructions were also released and are available on the DOL website. Certain updates to the form instructions were necessary to implement annual reporting changes related to SECURE Act amendments to ERISA and the code that apply to multiple-employer d

On December 24, 2021, New York City enacted a law that allows employees to take paid time off in connection with vaccinating their children for COVID-19. The law's provisions, which amend the Earned Safe and Sick Time Act, apply retroactively to November 2, 2021, and will expire on December 31, 2022. Specifically, parents are entitled to up to four hours of COVID-19 child vaccination time per injection for each child, for an absence from work to accompany the child to receive the vaccine or to

Signed into law in June 2019, the California Individual Health Coverage Mandate established a state individual mandate effective beginning 2020. The law requires California residents to maintain minimum essential coverage (MEC) or pay a penalty. In conjunction with this mandate, there is a reporting requirement for employers that provide self-insured MEC to residents. Reporting for the 2021 coverage year is due March 31, 2022, to the California Franchise Tax Board. The state will accept copies

Utah recently released the amended Workplace COVID-19 bill (SB 2004) to require an employer to pay for COVID-19 workplace testing; prohibit adverse action against an employee who claims relief; and prohibit an employer from keeping or maintaining a record or copy of an employee's proof of vaccination, except under certain conditions. An employer that employs 15 or more employees and requires employees to receive a COVID-19 vaccine must relieve an employee of the requirement if the employee subm

Effective January 18, 2022, HB 335 restricts employment practices related to a vaccine requirement. If an employer requires employees to be vaccinated as a condition of employment, the employer must provide employees an exemption if: they certify that COVID-19 immunization is medically inadvisable, they have COVID-19 antibodies or they possess religious beliefs that prevent them from receiving COVID-19 immunization. Importantly, if an employer is going to be subject to the federal requirement

On October 11, 2021, Governor Abbott issued Executive Order GA-40, which prohibits any entity in Texas from compelling receipt of a COVID-19 vaccine by any individual, including an employee or a consumer, who objects to such vaccination for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19. The penalty for violations of this order could be fines of up to $1,000 per violation. The order also provides that it supersedes

On December 20, 2021, Commissioner Kreidler issued orders further extending emergency orders 20-01 and 20-06. Emergency Order 20-01, which has been extended through January 28, 2022, requires health insurers to waive copays and deductibles for COVID-19 testing. The order also requires insurers to allow a one-time early refill for prescription drugs. Emergency Order 20-06, which has also been extended through January 28, 2022, protects consumers from receiving surprise bills for lab fees related

On December 22, 2021, the Department of Labor (DOL) released final regulations on the state's Paid Sick and Safe Leave Law, which has been in effect since September 2020. The final regulations do not reflect any changes to the proposed rules issued in December 2020. However, the new guidance attempts to address comments regarding the proposed rules and clarify certain outstanding issues, including carryover requirements, leave accruals, employee counts and supporting documentation and atte