Health Care Reform Update: Benefits Summary Deadline Delayed

We have worked with our partners at UBA to provide you with the latest HCR Update:


Employer Health Care Reform Law Communication Mandate Delayed
Employers have more time to comply with rules dictated by the health care reform law that will require them to revamp how they communicate and explain their health care plans.  In a notice published Nov. 17, the Department of Labor (DOL) said the reporting requirements would not go into effect until after final rules are published.   "It is anticipated that the...final regulations, once issued, will include an applicability date that gives group health plans and health insurance issuers sufficient time to comply," the Labor Department said.

At the time the proposed rules were issued by the Health and Human Services (HHS), Labor and Treasury departments, federal regulators said they would go into effect on March 23, 2012.  Among other things, the proposed rules would require employers to provide employees with an "easy-to-understand" summary of benefits and coverage (SBC) and, upon request, a glossary of commonly used health care coverage terms, such as deductible and copay.  Plus, the summary of benefits and coverage would have to include the portion of expenses a health care plan would cover in each of three situations: having a baby, treating breast cancer and managing diabetes.

Agencies Issue FAQs on Health Care Reform's SBC Requirement and on Mental Health Parity Implementation
The DOL, HHS, and IRS have jointly issued a new set of frequently asked questions (Part VII) addressing health care reform's summary of benefits and coverage (SBC) requirement plus mental health parity implementation (MHPAEA).   This new FAQ seems to confirm that the final regulations may be significantly different from the proposals and suggests that there may be relief as to the applicability date as well.  While no one can predict exactly what the final requirements will be and although general preparation for future compliance probably remains advisable, relying too closely on current proposals may not be the best use of time and resources. 

Also, plan sponsors and their advisors will want to study the mental health parity FAQs closely.  The agencies characterize these as "clarifying FAQs" and stress that they will continue to investigate complaints regarding the MHPAEA requirements and will take enforcement action for violations to ensure compliance (these requirements took effect with plan years beginning on or after July 1, 2010).

The full text is available at http://www.dol.gov/ebsa/faqs/faq-aca7.html.