Health and Benefits Updates

Temporary Enforcement Policy for Health Plan Disclosures

The Department of Labor’s Employee Benefits Security Administration (EBSA) released Field Assistance Bulletin (FAB) 2021-03 announcing a temporary enforcement policy regarding group health plan service provider disclosures under ERISA Sec. 408(b)(2)(B). In accordance with the Consolidated Appropriations Act, 2021, as of December 27, 2021, certain service providers to group health plans are required to disclose specified information to a responsible plan fiduciary about the direct and indirect compensation that the service provider expects to receive in connection with its services to the plan.

FAB 2021-03 states, pending further guidance, EBSA will not treat a covered service provider under ERISA Sec. 408(b)(2)(B) as having failed to make required disclosures to a responsible plan fiduciary as long as the person made disclosures in accordance with a good faith, reasonable interpretation of ERISA Sec. 408(b)(2)(B). To assist covered service providers, the FAB provides further guidance on what is good faith and reasonable interpretations in a series of questions and answers.

This guidance will be further analyzed, and additional details provided as warranted.

Regulatory and Legislative

DOL Issues Final Rule Updating Davis-Bacon Regulations

DOL Issues Final Rule Updating Davis-Bacon Regulations

The Department of Labor has issued a final rule updating the Davis-Bacon Act and the Davis-Bacon Related Acts nearly 40 years after the Department last completed a comprehensive revision of the guidelines.

Regulatory and Legislative

Deadline Relief for Virgin Islands Water Supply

Deadline Relief for Virgin Islands Water Supply

The Internal Revenue Service has announced the postponement of certain tax-related deadlines for victims of taxpayers impacted by elevated levels of lead and copper in water supply in Saint Croix, US Virgin Islands.