The Consolidated Appropriations Act, 2021, Public Law 116-260 (CAA) set forth new compensation disclosure requirements that apply to service providers who provide “brokerage services” or “consulting” to group health plans subject to the Employee Retirement Income Security Act of 1974 (ERISA). While several stakeholders in the industry were hoping for delayed implementation, the Department of Labor (DOL) has confirmed that these new disclosure requirements apply to contracts entered into, extended or renewed on or after December 27, 2021. See our prior article on the new compensation disclosure requirements for more background.
On December 30, 2021, the DOL issued Field Assistance Bulletin No. 2021-03, “Temporary Enforcement Policy Regarding Group Health Plan Service Provider Disclosures Under ERISA Section 408(b)(2)(B)” (the FAB) to address outstanding questions regarding the application of these CAA compensation disclosure requirements, as summarized below.
The FAB explains that how a service provider describes, labels or markets itself and its fees is not dispositive in determining whether disclosures are required under the CAA for that service provider. Specifically, the disclosures may be required whether or not a service provider is licensed as or markets itself as a broker or consultant. Additionally, the FAB explains that service providers cannot avoid these requirements by simply labeling “consulting fees”...
A Delaware County doctor has agreed to pay more than $1.6 million back after admitting to filing more than 27,000 fraudulent Medicaid claims. Dr. Patrick Muffley, 56, of Lewis Center, pleaded guilt...