EBIA Weekly Archives

Below is a list of EBIA Weekly articles from 2000 to present, in reverse chronological order.

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  1. Did health care reform affect the obligation of group health plans and insurers to issue certificates of creditable coverage?
    From the August 12, 2010 EBIA Weekly
    QUESTION: Since health care reform places limitations on a health plan’s ability to impose preexisting condition exclusions, is our group health plan no longer required to issue certificates of creditable coverage? ANSWER: No. Although health care reform made ...
  2. Employer-Sponsored Leave-Based Donation Programs Not Available for Haiti Earthquake Victims
    From the August 12, 2010 EBIA Weekly
    This information letter responds to an inquiry about whether employees may make nontaxable donations of accumulated leave through an employer-sponsored leave-based donation program to assist relief efforts in Haiti. Under these programs, employees who agree to forgo accumulated ...
    [IRS Information Letter 2010-0057 (Mar. 19, 2010)]
  3. California's Ban on Same-Sex Marriage Found Unconstitutional
    From the August 12, 2010 EBIA Weekly
    In 2008, voters in California approved Proposition 8, which amended the California state constitution to ban same-sex marriage. A federal trial court in California has now ruled that Proposition 8 is invalid because it violates the due process and ...
    [Perry v. Schwarzenegger, 2010 WL 3025614 (N.D. Cal. 2010)]
  4. Court Rules COBRA Election Notice and Subsequent Letters Were Not Misleading
    From the August 12, 2010 EBIA Weekly
    The employee in this case sued her employer, claiming it erroneously terminated her COBRA coverage. The employer (as plan administrator of its health plan) claimed that it correctly terminated her coverage because she failed to pay her COBRA premiums on ...
    [Ratcliff v. Psychiatric Solutions, Inc., 2010 WL 2814418 (W.D. La. 2010)]
  5. Proposed DOL Regulations Addressing ERISA Preemption Are Withdrawn From OMB Review
    From the August 05, 2010 EBIA Weekly
    Before health care reform was enacted at the national level, the DOL had requested review by the federal Office of Management and Budget (OMB) of a proposed regulation that would have addressed state health reform efforts and ERISA preemption. As ...
    [DOL News Release No. 10-1080-NAT (July 30, 2010)]
  6. Can our employee make an election change to drop coverage for a child after the other parent is ordered to provide coverage?
    From the August 05, 2010 EBIA Weekly
    QUESTION: One of our employees is getting a divorce and wants to make a mid-year election change to drop his child’s coverage under our major medical plan because his former spouse has been ordered to provide coverage ...
  7. IRS Discusses Whether Herbs and Service Animals Are Medical Care Expenses
    From the August 05, 2010 EBIA Weekly
    The IRS has issued two information letters about medical care expenses. The first letter responds to a health FSA participant who asked whether an herb prescribed by her doctor to treat migraine headaches is a medical care expense that can ...
    [IRS Information Letters 2010-0080 (Mar. 31, 2010) and 2010-0129 (May 11, 2010)]
  8. HHS Has Withdrawn Its Final Breach Notification Rules From OMB Review
    From the August 05, 2010 EBIA Weekly
    In August 2009, HHS issued interim final rules implementing the breach notification requirements under the HITECH Act, which became effective September 23, 2009 (see our Checkpoint Newsstand Article). After considering over 120 comments on the interim final rules, HHS submitted ...
    [Breach Notification Final Rule Update (July 29, 2010)]
  9. HHS Issues Regulations on Temporary High Risk Pool (Pre-Existing Condition Insurance Plan (PCIP) Program)
    From the August 05, 2010 EBIA Weekly
    HHS has issued interim final regulations on the high risk pool program, known as the Pre-existing Condition Insurance Plan (PCIP) program. By way of background, the health care reform law requires HHS to establish (directly or through contracts with ...
    [Interim Final Rule on Pre-Existing Condition Insurance Plan Program, 75 Fed. Reg. 45013 (July 30, 2010)]
  10. Has the opt-out election for state and local governmental plans from various group health plan mandates been eliminated?
    From the July 29, 2010 EBIA Weekly
    QUESTION: State and local governmental plans have been able to opt out of certain group health plan mandates like HIPAA special enrollments and mental health parity. Has this opt-out election been eliminated by health care reform? ANSWER: Not exactly. ...

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