COVID-19_Blog_Masthead

Bonita Hatchett-Bodle

Compliance Director, UBA

Recent Posts

What relief is provided by EBSA Notice 2020-01?

Posted by Bonita Hatchett-Bodle

May 6, 2020 2:23:01 PM

The Departnet of Labort's (DOL’s) Employee Benefits Security Administration (EBSA) issued Notice 2020-01 (Notice) in recognition that the COVID-19 crisis may impede efforts to comply with various requirements and deadlines under ERISA. The Notice provides an extension on the deadlines for furnishing certain required notices or disclosures to plan participants, beneficiaries, and other persons to grant plan fiduciaries and plan sponsors additional time in which to meet their obligations under Title I of ERISA during the COVID-19 outbreak.

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Topics: EBSA Notice 2020-1, ERISA Title I Reporting and Disclosure

Does EBSA Notice 2020-1 provide any relief for multiple welfare arrangements?

Posted by Bonita Hatchett-Bodle

May 6, 2020 2:21:10 PM

Yes. The Notice specifically provides that relief is available for Form M-1 filings required for multiple employer welfare arrangements (MEWAs) and certain entities claiming exceptions for the same time period as the Form 5500 filing relief that is provided under Internal Revenue Service (IRS) Notice 2020-23.

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Topics: EBSA Notice 2020-1, ERISA Title I Reporting and Disclosure, MEWA

Does EBSA Notice 2020-01 provide relief for noncompliance with the ERISA retirement plan loan and distribution procedures?

Posted by Bonita Hatchett-Bodle

May 6, 2020 2:19:37 PM

Yes. The Department of Labor (DOL) has taken a temporary non-enforcement position on retirement plan loan and distribution procedural deficiencies. Under the Notice, retirement plans that do not follow procedural requirements for plan loans or distributions imposed by the terms of the plan, will not be treated as in violation of Title I of ERISA if:

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Topics: CARES Act, EBSA Notice 2020-1, ERISA Title I Reporting and Disclosure, participant loans, distributions

What are the requirements for non-enforcement under EBSA Notice 2020-01 in regard to retirement plan loan related issues?

Posted by Bonita Hatchett-Bodle

May 6, 2020 2:16:32 PM

Under the Notice, the Department of Labor (DOL) will not consider any person to have violated Title I of ERISA, including the requirement that the loan be adequately secured by the account balance, solely because:

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Topics: CARES Act, EBSA Notice 2020-1, ERISA Title I Reporting and Disclosure, participant loans

Does the relief provided by EBSA Notice 2020-01 extend to participant contributions and loan repayment?

Posted by Bonita Hatchett-Bodle

May 6, 2020 2:14:02 PM

Yes. Under the Notice, the Department of Labor (DOL) will not take enforcement action with respect to a temporary delay in forwarding participant payments and withholdings to employee pension benefit plans during the period from March 1, 2020, and ending on the 60th day following the announced end of the national emergency if the delay is solely attributable to the COVID-19 outbreak. However, employers and service providers must act reasonably, prudently, and in the interest of employees to comply as soon as administratively practicable under the circumstances.

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Topics: EBSA Notice 2020-1, ERISA Title I Reporting and Disclosure, participant loans

Does the relief provided by EBSA Notice 2020-01 extend to blackout notices?

Posted by Bonita Hatchett-Bodle

May 6, 2020 2:11:57 PM

Yes. The Notice provides individual account plan administrators with relief from the requirement that 30 days' advance written notice be provided to participants before implementing a blackout period that restricts participants' ability to direct investments and to obtain loans and other distributions from the plan. The relief is available when a plan administrator is unable to comply with the advance notice requirement due to events beyond the reasonable control of the plan administrator. The Department of Labor (DOL) will not require plan administrators to make a written determination when seeking relief from the 30 days' advance notice requirement due to a pandemic, such as COVID-19.

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Topics: EBSA Notice 2020-1, ERISA Title I Reporting and Disclosure, blackout notices

What medical services must be provided under the CARES Act and the FFCRA without imposing any cost sharing?

Posted by Bonita Hatchett-Bodle

May 1, 2020 2:17:28 PM

Under the Families First Coronavirus Response Act (FFCRA) and as amended by the Coronavirus Aid, Relief, and. Economic Security Act (CARES Act), health plans must provide coverage and not impose any cost sharing (including deductibles, copayments, and coinsurance), prior authorization, or medical management requirements for the following services during the public health emergency due to COVID-19:

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Topics: FFCRA, CARES Act, COVID-19 medical services

What is the definition of “health plan” for purposes of complying with the requirement that COVID-19 related services be provided without cost sharing?

Posted by Bonita Hatchett-Bodle

May 1, 2020 2:13:31 PM

Health plans include group health plans and health insurance issuers offering group or individual health insurance coverage (including grandfathered health plans). Group health plans means insured and self-insured group health plans, including private employer group health plans, non-federal governmental plans (such as plans sponsored by states and local governments), and church plans.

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Topics: health plans, FFCRA, CARES Act, COVID-19 medical services

Which tests fall within the definition of “in vitro diagnostic tests” which must be provided without cost sharing under the CARES Act and the FFCRA?

Posted by Bonita Hatchett-Bodle

May 1, 2020 2:11:26 PM

In vitro diagnostic tests include serological tests for COVID-19 that are used to detect antibodies against the SARS-CoV-2 virus, and are intended for use in the diagnosis of the disease or condition of having current or past infection with SARS-CoV-2, the virus which causes COVID-19. If such other testing results in an order for, or administration of COVID-19 diagnostic testing, a health plan must provide coverage for the tests without cost sharing and without imposing prior authorization or other medical management requirements.

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Topics: health plans, FFCRA, CARES Act, COVID-19 medical services

Has the DOL and IRS waived the requirement that summaries of material modification be issued within 60 days?

Posted by Bonita Hatchett-Bodle

May 1, 2020 2:09:04 PM

Yes. Under the Public Health Services Act (PHSA), if a plan makes a material modification, as defined under ERISA, in any of the terms of the plan or coverage that would affect the content of the Summary of Benefits and Coverage (SBC) that is not reflected in the most recently provided SBC, and that occurs other than in connection with a renewal or reissuance of coverage, the plan or issuer must provide notice of the modification to enrollees not later than 60 days prior to the date on which the modification will become effective.

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Topics: Summary of Material Modifications, FFCRA, CARES Act

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