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Proposed Regulations Issued on Exemption for Limited Scope Dental/Vision and EAPs

Proposed regulations issued by the Departments of Treasury, Labor and Health and Human Services (the Departments) modify the excepted benefit exemption for limited scope vision and dental benefits, as well as employee assistance programs (EAPs).?á The regulations also add a new exemption for ?Ç£limited wraparound coverage.?Ç¥?á Coverages that satisfy the exemption are not subject to some of the requirements imposed by the Health Insurance Portability and Accountability Act (HIPAA) and the Patient Protection and Affordable Care Act (PPACA).?á The proposed regulations eliminate the additional employee contribution requirement for a self-insured limited scope dental or vision plan to be considered an excepted benefit, and provide specific criteria that EAPs must meet to be considered excepted benefits.?á In addition, the regulations provide a new excepted benefit exemption for ?Ç£limited wraparound coverage.?Ç¥?á Until the proposed regulations are finalized, through at least 2014, the Departments will consider dental and vision benefits, and EAPs meeting the conditions of the proposed regulations, to qualify as excepted benefits. If finalized, the limited scope wraparound coverage provisions will generally be effective for plan years starting in 2015. A copy of the proposed regulations is available here.

The lawyers of our Employee Benefits and Executive Compensation Practice Group are readily able to assist companies on a nationwide basis with implementing sophisticated benefit plans and providing answers to their most challenging compensation issues. Additionally, our lawyers are well aware of the daily employee benefits challenges facing companies of all sizes and are capable of helping in-house lawyers and human resources personnel with the day-to-day advice and guidance necessary to properly administer employee benefits plans.

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January 2014