D. Finn Pressly

The Health Insurance Portability and Accountability Act (HIPAA) regulations require updates to the Notice of Privacy Practices that health plan sponsors furnish to plan participants and health care providers furnish to patients. The updates must be made by February 16, 2026.

The Upshot

The regulations require changes to the Notice of Privacy Practices for information regarding certain substance use disorder treatment information and reproductive health information.… Continue Reading

As employers gear up for another round of Affordable Care Act (Forms 1094 and 1095) reporting, they should consider guidance that may have been issued too late in the last reporting cycle for them to take into account but could provide partial relief for this annual headache this time around. The guidance makes it permissible for employers to post a website notice of availability of Forms 1095-B and 1095-C (Notice of Availability or Notice) with respect to the ACA forms rather than distributing the forms to every individual.… Continue Reading

Although much of our attention this fall was focused on the government shutdown, health plan sponsors may be interested in several less-publicized developments affecting group health plans.

The Upshot

  • Two universities have been accused in lawsuits of breaching their fiduciary duties in offering a health benefit option that is always or almost always unfavorable from a financial perspective when compared with another health plan option.
Continue Reading

As class action attorneys continue to target wellness programs and tobacco user surcharges, plan sponsors must be mindful of the complex rules governing these common plan features. Ballard Spahr employee benefits attorneys Finn Pressly and Uchenna Osagiede will break down what employer-sponsored medical plans need to know about these programs and will provide practical steps to help ensure compliance.… Continue Reading

A federal district court in Texas has invalidated and enjoined actions by federal agencies on and after March 23, 2010—when the Affordable Care Act (ACA) was enacted—to implement the ACA requirement that health plans and insurance policies cover the full cost of in-network preventive care that carries an A or B rating by the USPSTF.… Continue Reading

On January 30, 2023, the Biden Administration said that it will end COVID-19 emergency declarations on May 11, 2023.  The federal government has been paying for COVID-19 vaccines, some tests, and certain treatments under the public health emergency declaration. Many of those costs now will be transferred to private insurance and government health plans.… Continue Reading

The Consolidated Appropriations Act, 2021, (CAA) and transparency regulations introduced major changes to health benefit plans. These changes continue to evolve with some requirements just now taking effect.

The Upshot

  • Health plan sponsors need to comply with new requirements for reporting on prescription drug and other health care expenditures, although they have been given a very short reprieve.
Continue Reading

In a new set of Frequently Asked Questions, the U.S. Departments of Labor, Health and Human Services, and the Treasury provide significant relief to health plan sponsors and insurers seeking to report on expenditures for prescription drugs and other health care items and services in compliance with the Consolidated Appropriations Act, 2021.… Continue Reading