The U.S. Departments of Labor, Treasury, and Health and Human Services have issued additional guidance on the Affordable Care Act. The guidance primarily takes the form of a new set of frequently asked questions (FAQs).

The new FAQs address a variety of subjects, including:

  • Postponement of the March 1, 2013, effective date to begin distributing Exchange Notices under Section 18B of the FLSA to a date to be determined
  • The types of health reimbursement arrangements (HRAs) that employers may continue to fund on and after January 1, 2014, and transition rules for unused HRA contributions made before January 1, 2014
  • The delay of enforcement action against an Employer Group Waiver Plan (EGWP) providing non-Medicare supplemental drug benefits that do not comply with the health coverage requirements of the Affordable Care Act
  • Guidance on the types of fixed indemnity coverage that are exempt from the health coverage requirements of the Affordable Care Act
  • Payment of PCORI fees from plan assets by a multiemployer plan and certain types of voluntary employee beneficiary associations (VEBAs)

As the federal health care reform effort gained steam, Ballard Spahr attorneys established the Health Care Reform Initiative to monitor and analyze legislative developments. With federal health care reform now a reality, our attorneys are assisting health care entities and employers in understanding the relevant changes and planning for the future. They also have launched the Health Care Reform Dashboard, an online resource center for news and analysis on developments under the Affordable Care Act.

If you have questions about the newly issued FAQs, including their implications for the design, documentation, and communication of HRAs, contact Edward I. Leeds at 215.864.8419 or 

Copyright © 2013 by Ballard Spahr LLP.
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This alert is a periodic publication of Ballard Spahr LLP and is intended to notify recipients of new developments in the law. It should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own attorney concerning your situation and specific legal questions you have.

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