Employer-Sponsored Health Plan Federal Regulation: ACA, COBRA, ADA, GINA, CAA, MHPAEA, Reporting Requirements

Description

The DOL has substantially stepped up enforcement actions in response to the increase in health plans that fail to comply with certain standards and requirements under the CARES Act, CAA, ACA, and other federal regulations. ERISA counsel, fiduciaries, and administrators must ensure strict compliance with current regulations and implement procedures to ensure compliance.

The administrative challenges and compliance failures for health and welfare plans can lead to lawsuits and significant penalties. In addition to reporting requirements, plan sponsors and administrators must ensure that health plans comply with various federal statutes, regulations and agency guidance under, among other laws, the ACA, COBRA, ADA, CAA, GINA, and the new mental health parity requirements. Each of these laws significantly impacts the administration and fiduciary obligations for health plans.

The critical areas of the DOL's focus for audits and enforcement will include mental health parity compliance, ACA requirements, discrimination, self-dealings, cybersecurity, and other critical areas of compliance. ERISA counsel must identify potential compliance pitfalls and understand the required documentation and procedures under the applicable regulation, investigation/audit triggers, and plan provisions targeted by the DOL and IRS to minimize plan administration issues.

Listen as the panel discusses complex compliance requirements, litigation risks, potential liability stemming from plan operations and administration, and other vital issues.