On August 20, 2o21, the Department of Labor (DOL), Health and Human Services (HHS) and the Treasury (Departments) issues frequently asked questions (FAQs) regarding the implementation of the No Surprises Act and transparency provisions of the Consolidated Appropriations Act, 2021 (CAA).
The FAQs provide that Departments will defer enforcement of the rules regarding:
The Departments plan to issue regulations on several other issues, including the interaction of the CAA and the transparency in coverage final rules, as well as the provider directory and continuity of care requirements. Regulations may not be issued until after January 1, 2022. Until then, plans and issuers should use good faith, reasonable interpretations of the statute.
They do not expect to issue regulations on provisions prohibiting gag clauses or balance billing disclosure requirements. Plans and issuers are expected to use good faith, reasonable interpretations of the statutory requirements.
On July 23, 2021, the IRS published a proposed rule that would expand the requirement to file certain information returns electronically, including those under the Affordable Care Act’s (ACA) reporting requirements in Internal Revenue Code Section 6055 and Section 6056.
This proposal would effectively eliminate paper filings for most employers. However, the proposed rule has not been finalized and is not effective at this time.
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