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2008 Year End Review

This year has been an active year in the Health & Welfare arena, from the passage of the Emergency Economic Stabilization Act of 2008 (the bailout bill) earlier this month, to the surprising ruling finding the San Francisco Health Care Security Ordinance was not preempted by ERISA, to even more recently with the passage of Michelle’s Law.  We realize this has been a lot for employers to keep up with, and we are committed to assisting our clients in being aware of legal and regulatory requirements that may impact their plans.

For this reason, Meritain Health has decided to launch a new publication entitled Compliance Quarterly which will summarize laws and regulations that impact employer’s in a “who,” “what,” “when” and “how” format whenever applicable.  Just as the name reflects, Compliance Quarterly will be issued quarterly.  In the event there are major changes to laws affecting self-funded plans that arise between quarterly publication dates, Meritain Health will send an interim compliance alert summarizing the law.

This quarter's feature article: Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008

Everyone has been talking about the economic bailout bill that President Bush signed into law on Friday, October 3, 2008, and, as most of you know, the economic bailout bill does more than just provide a financial rescue package.  The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (“Wellstone Act” or the “Act”) was incorporated into the bill.  This Act has a significant impact on employer health plans that offer mental health and/or substance abuse benefits. The cost and treatment limitations of mental health and substance abuse benefits are now more restrictive when compared to other medical and surgical benefits under the employer’s plan.

The intent of the Wellstone Act is to provide true parity between mental health/substance abuse benefits and other benefits covered under employer health plans.  The Wellstone Act should not be confused with the Mental Health Parity Act (“MHPA”) that was enacted in 1997 and set to expire this year.  The original MHPA prohibited plans from applying specific lower dollar maximums to mental health benefits and did not require parity with regard to other types of plan limitations such as copays, coinsurance, deductibles and out-of-pocket maximums, nor did it apply to substance abuse benefits.  Unlike the MHPA, the Wellstone Act does not contain a sunset provision.  Read More

November 2008 Feature: Wellstone Act
Nov-04-2008
On October 3, 2008, as a part of the economic bailout bill, President Bush signed into law the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 More...
November 2008 Question of the Quarter
Oct-29-2008
Will posting the Summary Plan Description (SPD) on the intranet satisfy the distribution requirements under ERISA? More...
The Heroes Earnings Assistance and Relief Tax Act of 2008
Oct-29-2008
The Heroes Earnings Assistance and Relief Tax Act of 2008 (“HEART Act”) created a new provision under Code section 125 that allows, but does not require, employers who offer a health FSA, to permit “qualified reservist distributions” (QRDs) from health FSAs. More...
Medicare Secondary Payer Mandatory Reporting Requirements
Oct-29-2008
At the end of 2007, the Medicare, Medicaid, SCHIP Extension Act of 2007 (the “Act”) was signed into law. The Act established new Medicare Secondary Payer (MSP) reporting requirements. More...
Michelle’s Law
Oct-29-2008
On October 9th, President Bush signed into law “Michelle’s Law.” More...
2009 Indexed HDHP and HSA Contribution Limits
Oct-29-2008
The Treasury Department and Internal Revenue Service released IRS 2008-29 which lists the new indexed amounts, adjusted for inflation, for HDHPs and HSAs under Internal Revenue Code section 223(g). More...
Employer Notice Requirements
Oct-29-2008
The information below outlines some notice requirements you must satisfy pursuant to federal regulations. More...
Proposed Cafeteria Plan Regulations
Oct-29-2008
In August 2007, the IRS issued “new proposed” Section 125 regulations that pertain to cafeteria plans that make significant changes to the way cafeteria plans are established and administered. More...
National Defense Authorization Act of 2008
Oct-29-2008
On January 28, 2008 the Family and Medical Leave Act (FMLA) was amended by the National Defense Authorization Act for Fiscal Year 2008 (NDAA). More...
San Francisco Health Care Ordinance
Oct-29-2008
The San Francisco Health Care Security Ordinance (“the Ordinance”) requires covered employers to make healthcare expenditures for their covered employees. More...
ADA Amendments Act of 2008
Oct-29-2008
On September 25, 2008, President Bush signed into law the Americans with Disabilities Act (ADA) Amendments Act of 2008 (“Act”) which clarifies and expands the definition of disability. More...
HSA Grab Bag Rules
Oct-29-2008
The Treasury Department and the IRS released IRS Notice 2008-59 on June 25, 2008, now known as the “HSA Grab Bag” rules. More...
Additional Information Employers Should Know
Oct-29-2008
IRS Increase Mileage Rates On June 24, 2008, the IRS published Announcement 2008-63. This announcement increased the standard mileage rate that may be claimed for transportation expenses incurred due to medical purposes. The standard mileage increased from $.19 to $.27 per mile. More...