FJG/FYI Articles | Employee Benefits
New Laws and Regulations for 2010
New Laws and Regulations for 2010
Administrators of health and welfare plans should be aware of law changes for the following programs:
The Genetic Information Nondiscrimination Act (GINA )
GINA has three provisions that affect employers:
First, under Title VII, an employer with 15 or more employees cannot discriminate against employees or applicants based on genetic information including family history information. Employers must post the revised “Equal Employment Opportunity is the Law” poster in a prominent place visible to employees and applicants. The poster is available at:
http://www.eeoc.gov/employers/upload/eeoc_self_print_poster.pdf
Next, group health plans cannot deny enrollment, impose pre-existing condition exclusions or charge a higher premium based on genetic information .Further, group health plans and health insurance issuers in both the group and individual markets cannot request or require genetic information for underwriting purposes or prior to and in connection with enrollment.
Finally, if a wellness program rewards participants for completing a health risk assessment (HRA), the HRA must not request any information regarding family medical history because this information is considered genetic information. The HRA is permitted to request family medical history information if no reward is offered.
Michelle’s Law
Michelle’s Law is effective for plan years beginning on or after Oct. 9, 2009. Group health plans are prohibited from terminating the coverage of a dependent student while on a medically necessary leave of absence, for up to a year, or until the coverage would terminate under the regular terms of the plan. Plan documents should be revised to include the provision. Additionally, if a plan sends any notification to a participant requesting student status certification, the plan should also include a description of the extension available for dependent students on a medical leave of absence. The student must have been enrolled at a post secondary educational institution immediately before the leave of absence. The participant must provide a written certification from the treating physician stating that the child is suffering from a serious illness or injury making the leave of absence medically necessary.
Form 5500
All pension and welfare plans and direct filing entities (DFEs) that are required to submit an ERISA annual return/report (Form 5500 or Form 5500-SF) must do so electronically for plan years beginning on or after Jan. 1, 2009. Beginning January 2010 an all-electronic system called EFAST2 will receive those electronic annual returns/reports. Once the EFAST2 electronic system is online and ready to receive filings, you must file the Form 5500 or Form 5500-SF electronically through EFAST2 for plan/reporting year 2009 and for subsequent plan/reporting years. Prior year delinquent or amended Form 5500 annual return/reports generally must be filed electronically through EFAST2.
Employers should also be aware of recent changes with HIPAA Special Enrollment Rights, Mental Health Parity, Section 111 Medicare Reporting, HIPAA Security, and the Family and Medical Leave Act (FMLA). If you would like additional information on employer requirements for these laws, please contact your Fleischer Jacobs Group representative.