EBIA Weekly Archives

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

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  1. U.S. Supreme Court Will Not Review Decision Upholding San Francisco's "Fair Share" Law Against ERISA Preemption Challenge
    From the July 01, 2010 EBIA Weekly
    The U.S. Supreme Court has declined to accept an appeal from the Ninth Circuit’s decision that ERISA does not preempt the employer spending requirements of San Francisco’s “fair share” law, under which employers ...
    [Golden Gate Rest. Ass'n v. City & County of San Francisco, 2010 WL 2555211 (U.S. 2010)]
  2. Can our plan rely on our company's federal income tax extension to extend the filing deadline for our Form 5500 filings?
    From the July 01, 2010 EBIA Weekly
    QUESTION: We obtained an extension on the due date for our company’s federal income tax return from March 15 to September 15. Can we use this extension to extend the due date of the Form 5500 for our ...
  3. Court Upholds Agencies' Decision to Issue MHPAEA Interim Final Regulations Without Notice and Comment
    From the July 01, 2010 EBIA Weekly
    We previously reported that a coalition of managed behavioral health care organizations filed a lawsuit against the DOL, HHS, and Treasury to block implementation of interim final regulations issued under the Mental Health Parity and Addiction Equity Act of 2008 (...
    [Coalition for Parity, Inc., v. Sebelius, 2010 WL 2484269 (D.D.C 2010); EBSA News Release (June 23, 2010)]
  4. DOL Issues Model Notices on Coverage to Age 26 Requirement, Lifetime Limits, and Patient Protections
    From the July 01, 2010 EBIA Weekly
    The DOL has issued model notices for three of the new health care reform requirements that take effect for plan years beginning on or after September 23, 2010 (i.e., January 1, 2011 for calendar-year plans): (1) extension of ...
    [Model Notices: Dependent Coverage to Age 26; Lifetime Limits; Patient Protection (June 2010)]
  5. Correction
    From the July 01, 2010 EBIA Weekly
    Thanks to those eagle-eyed readers who wrote to us about last week’s article on the above regulations. In connection with restricted annual limits, our article described how HHS is authorized to waive compliance with phased-in annual ...
    [PPACA: Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions, and Patient Protections, 26 CFR Parts 54 and 602; 29 CFR Part 2590; 45 CFR Parts 144, 146, and 147, 75 Fed. Reg. 37187 (June 28, 2010)]
  6. HHS Announces Opening of Retiree Reinsurance Program, Posts New Guidance on HHS Website to Assist Applicants
    From the July 01, 2010 EBIA Weekly
    HHS has announced that on June 29, 2010, it began accepting applications for the early retiree reinsurance program created by the recent health care reform legislation. Under that program, certified plan sponsors who provide health coverage to early retirees may ...
    [Updated Early Retiree Reinsurance Materials (June 29, 2010)]
  7. How should we handle plan loan repayments when an employee takes a leave of absence?
    From the June 24, 2010 EBIA Weekly
    QUESTION: Our company’s 401(k) plan offers a participant loan program. We are reviewing our plan’s loan policy to address how to handle loan repayments when a participant takes a leave of absence. Could you review ...
  8. CMS Updates Creditable Coverage Disclosure to CMS Form
    From the June 24, 2010 EBIA Weekly
    Under Medicare Part D regulations, most group health plans offering prescription drug coverage to Part D eligible individuals must disclose to CMS whether the coverage is creditable or non-creditable. (In simple terms, if an employer’s coverage is&...
    [Creditable Coverage Disclosure to CMS Form (June 16, 2010)] ]
  9. IRS Extends Adoption Deadline to July 30 for Certain Pre-Approved Plans Affected by Recent Disasters
    From the June 24, 2010 EBIA Weekly
    The IRS has extended the April 30 adoption deadline to July 30, 2010 for certain pre-approved plan sponsors affected by recent severe weather in eight states. As background, in 2008, the IRS announced the last phase of the six-...
    [IRS Notice 2010-48 (June 21, 2010)]
  10. Joint Regulations Issued on PCEs, Lifetime and Annual Limits, Rescissions, and Patient Protections
    From the June 24, 2010 EBIA Weekly
    The IRS, DOL, and HHS have jointly issued interim final regulations implementing the health care reform rules for group health plans and health insurance coverage in the group and individual markets regarding preexisting condition exclusions (PCEs), lifetime and annual dollar ...
    [PPACA: Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions, and Patient Protections, 26 CFR Parts 54 and 602; 29 CFR Part 2590; 45 CFR Parts 144, 146, and 147, 75 Fed. Reg. _____ (June __, 2010)]

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