Insights

On March 8, 2023, Gov. Walz issued Executive Order 23-03. In this order, Gov. Walz notes that while gender affirming care is legal in Minnesota, other states are curtailing access or criminalizing access to that care. Accordingly, the order instructs various state agencies to take action to make sure that gender affirming care will continue to be provided in the state. Among other things, the order instructs the Department of Commerce (COMM) to request affidavits from health plans under its ju

On April 13, 2023, the DOL, HHS and IRS (the 'agencies') jointly issued FAQs (Part 59) to provide initial guidance on how the recent court decision in Braidwood Management Inc. v. Becerra affects the requirement to cover preventive services without cost-sharing under the ACA. According to the FAQs, the agencies anticipate issuing additional guidance in the future to further address plans' and issuers' obligations in light of the Braidwood decision.   As background, under the ACA, non-

On April 12, 2023, the HHS Office of Civil Rights (OCR) issued a Notice of Proposed Rulemaking that will expand reproductive healthcare privacy under HIPAA. The proposed rule prohibits the use or disclosure of PHI by individuals, covered entities (which includes group health plans), or their business associates (collectively, 'regulated entities') for either of the following purposes: A criminal, civil, or administrative investigation into or proceeding against any person in connection with

Earlier this month, Insurance Commissioner Mike Kreidler sent a letter to Washington health insurers in response to the ruling by a US District Court judge in the Northern District of Texas in Braidwood Management, Inc. v. Becerra, which placed a number of the ACA's preventive service mandates in jeopardy. In the letter, the commissioner requested that Washington insurers continue the coverage of preventive services, pointing out that filings for Plan Year 2023 already include coverage of these

The Maine Retirement Savings Program was signed into law in June 2021 to require covered employers that do not offer a specified tax-favored retirement plan (e.g., 401(k), 403(b)) to automatically enroll covered employees in a state-operated Roth individual retirement plan. 'Covered employee" means an individual who is at least 18 years old, who is employed by a covered employer, and who has wages or other compensation in Maine during a calendar year. Covered employers are responsible for with

On March 23, 2023, Gov. Justice signed SB 577 into law. The law restricts health insurance carriers in West Virginia from charging more than $35 total for a 30-day supply of prescription insulin (including where more than one insulin drug is prescribed) or more than $100 total for a 30-day supply of a covered device (including where more than one device is prescribed). Each cost-share maximum is required to be covered regardless of the person's deductible, copayment, coinsurance, or any other c

On April 3, 2023, Gov. Whitmer issued a letter to the Department of Insurance in response to the judgment issued by a Texas federal district court in Braidwood Management Inc. v. Becerra. The judgment invalidates and prohibits enforcement of certain ACA preventive care requirements on a nationwide basis. More information concerning this case can be found in an April 11, 2023, article in Compliance Corner. Gov. Whitmer stated concern that the ruling would put the state's citizens at risk, so the

On March 23, 2023, Gov. Youngkin signed SB 1011/HB 1375 into law. The law prohibits health insurance carriers in Virginia from charging higher premiums for coverage in the small group and individual markets based on tobacco use. The prohibition applies to policies issued or renewed in Virginia on and after January 1, 2024, and sunsets on January 1, 2026. The law also requires an annual report from the State Corporation Commission on premium reductions related to the elimination of the tobacco

On April 20, 2023, the New Mexico Office of Superintendent of Insurance (OSI) issued Bulletin 2023-008 to remind major medical plans subject to its jurisdiction of their obligations under the federal Women’s Health and Cancer Rights Act of 1998 (WHCRA).  Generally, WHCRA requires major medical plans that provide medical and surgical benefits for mastectomies to also provide coverage for all stages of reconstruction of the breast on which the mastectomy has been performed, surgery and recon