Law
Compliance Plans Compliance Amendment
Snapshot Affected Deadline Required or
Merely
Change in
Administration
The Children’s New special enrollment right Cafeteria plan amend- April 1, 2009. Amendment/SMM
Health with a 60-day notice period ments and administra- required.
Insurance for employees and depend- tion affected to accom- State premium
Program ents who lose coverage modate new special subsidy notices Administration changes
(CHIP) under a Medicaid or a State enrollments. Special required first plan
Reauthorization Children’s Health Insurance enrollment notices in year after DOL
Act of 2009 Program, or who become eli- enrollment packets will model issued.
gible for group health plan need to be updated.
premium assistance under a COBRA administration,
Medicaid or CHIP plan. as these new enroll-
ments rights will apply
to the dependents of
individuals on COBRA.
Genetic Generally prohibits access All health plans. Effective for plan Amendment/SMM may
Information to “genetic information” by years beginning after be required.
Nondiscrimina- employers, health plans and May 21, 2009.
tion Act of health insurers except in Administration
2008 (GINA) very limited circumstances. Interim final regula- changes.
Health assessments that ask tions issued October
family history questions will 2009 significantly
be prohibited prior to impact health risk
enrollment or where assess- assessments and dis-
ment impacts employee ease management/
contribution. Clarifies that wellness programs
genetic information is and may require
HIPAA-protected. changes to HIPAA
notices.
Paul Wellstone Prohibits plans offering Impacts all medical First day of the Amendment/SMM
and Pete mental health and/or sub- plans that provide men- plan year beginning required.
Domenici stance abuse benefits from tal health benefits. on or after
Mental Health imposing cost and/or treat- Likely little direct affect October 3, 2009; Administration changes
Parity and ment limitations that are on administration for
Addiction more restrictive than those FSA, HRA, HSA or Plans maintained
Equity Act of applicable to other medical COBRA where such pursuant to a col-
2008 and surgical benefits under arrangements do not lective bargaining
the plan. differentiate between agreement (CBA)
mental health and gen- have an extension
eral medical benefits. until the date on
which the last CBA
relating to the plan
terminates.
(see page 24)
The Self-Insurer
©
/ January 2010 • 23
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