New DOL Mandates as a Result of the Economic Stimulus Bill

Update on COBRA Premium Assistance: DOL Notices and IRS Guidance
The Department of Labor and the Internal Revenue Service have issued preliminary guidance on the new COBRA premium assistance provisions for the unemployed. The DOL has released model COBRA notices and premium assistance application forms, and the IRS has released guidance on the process for plan sponsors to request reimbursement of the 65% COBRA premium subsidy. This presentation provides an update on the new guidance and focuses on what plan sponsors need to do next. [more]

Stimulus Bill Changes HIPAA Privacy and Security - Are You Prepared?
The American Recovery and Reinvestment Act (The “Act” also informally known as the “Stimulus Bill”) was signed into law on February 17. The Act contains surprising modifications to HIPAA’s Privacy and Security Rules. These changes will likely require every business associate agreement to be modified. The Act also, for the first time, requires business associates to comply directly with many of HIPAA’s rules and subjects business associates to HIPAA’s civil and criminal penalties. The Act increases the penalties for various HIPAA violations and dramatically expands other remedial actions (such as increased federal government audits; the granting of attorney’s fees in some HIPAA-related lawsuits; and a method for individuals to recover penalties under HIPAA). The changes are significant to all covered entities but are most challenging for business associates who now face a host of new requirements. [more]

New COBRA Provision in Economic Stimulus Legislation
The economic stimulus legislation includes COBRA premium assistance for the unemployed. Under the new provisions, the federal government will subsidize COBRA premiums for qualified beneficiaries who experience a qualifying event based on an involuntary termination of employment that occurs between September 1, 2008 and December 31, 2009. Assuming the legislation is signed in February, the new provisions will become effective March 1, 2009. Plan sponsors (including union trust funds and for-profit, tax-exempt, church and governmental employers) will bear the brunt of administering the new provisions and will need to work closely with their COBRA administrators to ensure compliance. [more]