Important Deadlines Coming Up for Employer Group Health Plans

Important Deadlines Coming Up for Employer Group Health Plans 

There are a few deadlines to remember and prepare for coming up before the end of 2024.

December 23, 2024 New Deadline - HIPAA Privacy Rule to Support Reproductive Health Care 2024 Privacy Rule 

The primary purpose of the 2024 Privacy Rule is to further restrict the use or disclosure of PHI related to reproductive health care. Previously, HIPAA-regulated entities (i.e., covered entities and business associates) were generally permitted to disclose PHI for certain public policy-related reasons, including law enforcement. 

• The Attestation 
  • When a HIPAA-regulated entity receives a request for PHI potentially related to reproductive health care, the entity must first obtain a signed attestation from the person requesting the information that the use or disclosure is not for a prohibited purpose. The requirement for an attestation will apply when the request for PHI is for any of the following reasons: health oversight activities; judicial and administrative proceedings; law enforcement purposes; and disclosures to coroners and medical examiners. 
  • A valid attestation must include a clear statement that the use or disclosure of PHI is not for a prohibited purpose as well as a statement that a person may be subject to criminal penalties for knowingly obtaining or disclosing PHI in violation of HIPAA. The attestation must be written in plain language and cannot be combined with any other document (though other additional supporting documentation may be provided). 
  • HHS has provided a model attestation form that covered entities and business associates may use for this requirement. 
• Effective Date 
  • Compliance with the above amendments to the HIPAA Privacy Rule is required by December 23, 2024.  
• HIPAA Privacy Rule - Support Reproductive Health Care

December 29, 2024 - MLR Distribution

December 29, 2024 is the last day for the employer to distribute portion of Medical Loss Ratio rebate that is considered plan assets. Employers sponsoring fully insured group health plans must distribute the portion of an MLR rebate that is considered plan assets within 90 days of receipt from carrier (carriers were to have distributed rebates to employers/plan sponsors by September 30). If not distributed properly the employer/plan sponsor may be subject to the general ERISA trust requirements. 

• Medical Loss Ratio Rebates Are Coming
• Medical Loss Ratio Results - 2023 Plan Year

December 31, 2024 Gag Clause Attestations Due 

Employers/plan sponsors and carriers must submit an attestation of compliance with the gag clause prohibition contained in the Consolidated Appropriations Act (CAA). 

• Gag Clause Attestation Updates 2024 
• Gag Clause Attestation Guide  

^{While every effort has been taken in compiling this information to ensure that its contents are totally accurate, neither the publisher nor the author can accept liability for any inaccuracies or changed circumstances of any information herein or for the consequences of any reliance placed upon it. This publication is distributed on the understanding that the publisher is not engaged in rendering legal, accounting, or other professional advice or services. Readers should always seek professional advice before entering into any commitments.}