Thu.Jan 21, 2021

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HHS Finalizes Exchange Rules for Premium Payments Made by ICHRAs and QSEHRAs

ThomsonReuters

PPACA; HHS Notice of Benefit and Payment Parameters for 2022; Updates To State Innovation Waiver (Section 1332 Waiver) Implementing Regulations; Final Rule, 45 CFR Parts 155 and 156, 86 Fed. Reg. 6138 (Jan. 19, 2021); Notice of Benefit and Payment Parameters for 2022 Final Rule Fact Sheet. Regulations. Fact Sheet. HHS has finalized several of the regulations for insurance markets and Exchanges that were included with the proposed 2022 benefit and payment parameters (see our Checkpoint article )

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DOL Issues 2021 Adjusted Penalty Amounts

ThomsonReuters

Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2021, 86 Fed. Reg. 2964 (Jan. 14, 2021). Available at [link]. The DOL has announced the 2021 annual adjustments to the civil monetary penalties for a wide range of benefit-related violations. As background, legislation enacted in 2015 requires annual adjustments to certain penalty amounts by January 15 of each year (see our Checkpoint article ).

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Final IRS Regulations Address Application of Employer Shared Responsibility and Nondiscrimination Rules to ICHRAs

ThomsonReuters

Final Regulations: Application of the Employer Shared Responsibility Provisions and Certain Nondiscrimination Rules to Health Reimbursement Arrangements and Other Account-Based Group Health Plans Integrated With Individual Health Insurance Coverage or Medicare, 26 CFR Parts 1 and 54, __ Fed. Reg. __ (__, __). Available at [link]. The IRS has announced final regulations that clarify how the Code’s employer shared responsibility and self-insured health plan nondiscrimination rules apply to HRAs t

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How Do the HIPAA Privacy Rules Apply to a Participant’s Instruction to Send Their Health Information to a Third Party?

ThomsonReuters

QUESTION: If a participant asks our self-insured health plan to send their claim file to a third party, such as their attorney, how do the HIPAA privacy rules apply to these requests? ANSWER: HIPAA limits disclosures of protected health information (PHI) to third parties. Generally, disclosures for treatment, payment, or specified health care operations do not require an individual authorization.

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How to Leverage Intent Data for Better Outcomes

Speaker: Susan Spencer, Principal of Spencer Communications

Intent signal data can go a long way toward shortening sales cycles and closing more deals. The challenge is deciding which is the best type of intent data to help your company meet its sales and marketing goals. In this webinar, Susan Spencer, fractional CMO and principal of Spencer Communications, will unpack the differences between contact-level and company-level intent signals.

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Fifth Circuit, Criticizing OCR’s HIPAA Enforcement Process, Vacates $4.3 Million Civil Penalty

ThomsonReuters

Univ. of Tex. M.D. Anderson Cancer Ctr. v. HHS, 2021 WL 127819 (5th Cir. 2021). Available at [link]. A federal appeals court has overturned a $4.3 million civil monetary penalty against a cancer treatment and research center (a HIPAA covered entity), ruling that the penalty assessment was “arbitrary, capricious, and otherwise unlawful.” As background, HHS’s Office for Civil Rights (OCR) investigated the covered entity after protected health information (PHI) of more than 30,000 individuals was

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CMS Extends Nonenforcement Policy for ACA Noncompliant “Grandmothered Plans” Through 2022

ThomsonReuters

Insurance Standards Bulletin Series—Information—Extension of Limited Non-Enforcement Policy through 2022 (Jan. 19, 2021). Available at [link]. CMS has announced another extension of the limited nonenforcement policy allowing states to permit insurers in the individual and small group markets to renew health insurance policies they would otherwise have to cancel due to noncompliance with certain Affordable Care Act (ACA) insurance market reforms.