January 2021 | SSG Compliance Recap

January was a busy month in the employee benefits world.

President Biden issued a memorandum putting a regulatory freeze on new rules. President Biden also issued an executive order on strengthening Medicaid and the Patient Protection and Affordable Care Act (ACA).

The Department of Labor (DOL) released inflation-adjusted federal civil penalty amounts. The Centers for Medicare and Medicaid Services (CMS) issued its parameters for the defined standard Medicare Part D prescription drug benefit for 2022.

The Internal Revenue Service (IRS) released final rules on individual coverage health reimbursement arrangements (ICHRAs). Former President Trump signed an amendment to the Health Information Technology for Economic and Clinical Health Act (HITECH Act) that requires the Department of Health and Human Services (HHS) to consider recognized security practices that a covered entity or business associate had in place for purposes of HHS determining penalties and audit outcomes.

HHS extended the transitional relief from certain health care reform requirements for grandmothered plans. CMS released the final 2022 benefit payment and parameters rule.

The Equal Employment Opportunity Commission (EEOC) released unofficial proposed rules on wellness programs subject to the Americans with Disabilities Act of 1990 (ADA) or Genetic Information Nondiscrimination Act of 2008 (GINA). The IRS released the 2020 Publication 502 – Medical and Dental Expenses for use in preparing 2020 tax returns. The EEOC also issued an opinion letter on ICHRAs and age discrimination.

Former President Trump signed the Competitive Health Insurance Reform Act of 2020 that limits the antitrust exemption that is available to health insurance companies. The DOL rescinded the rule on promoting regulatory openness through good guidance.

The employee retention tax credit extension under the Taxpayer Certainty and Disaster Tax Relief Act of 2020 became effective.

Download the full Compliance Recap to learn more about:

• President Biden Issues Regulatory Freeze Pending Review
• President Biden Issues Executive Order on Strengthening Medicaid and the ACA
• DOL Releases Inflation-Adjusted Federal Civil Penalty Amounts
• CMS Releases 2022 Parameters for Medicare Part D Prescription Drug Benefit
• IRS Releases Final Rules on ICHRAs
• Former President Trump Signed HITECH Act Amendment
• HHS Extends Transitional Relief for Grandmothered Plans
• CMS Releases the Final 2022 Benefit Payment and Parameters Rule
• EEOC Releases Unofficial Proposed Rules on Wellness Programs Subject to the ADA or GINA
• IRS Releases 2020 Publication 502 – Medical and Dental Expenses
• EEOC Opinion Letter on ICHRAs
• Former President Trump Signed the Competitive Health Insurance Reform Act of 2020
• DOL Rescinds Rule on Promoting Regulatory Openness Through Good Guidance
• Extension of the Employee Retention Tax Credit
• Question of the Month