Treasury, HHS, DOL Propose Relaxing Requirements Applicable to Health Reimbursement Arrangements: Treasury, the Department of Health and Human Services (HHS), and the Department of Labor (DOL) issued proposed regulations regarding health reimbursement arrangements and certain other account-based group health plans (HRAs). The proposed rules allow integrating HRAs with individual health insurance coverage, if certain conditions are met. The proposed rules also set forth conditions under which certain HRAs would be recognized as limited excepted benefits. Treasury and the IRS propose rules regarding premium tax credit eligibility for individuals offered coverage under an HRA integrated with individual health insurance coverage. DOL proposes a clarification to provide plan sponsors with assurance that the individual health insurance coverage the premiums of which are reimbursed by an HRA or a qualified small employer health reimbursement arrangement (QSEHRA) does not become part of an ERISA plan, provided certain conditions are met. Finally, HHS proposes rules that would provide a special enrollment period in the individual market for individuals who gain access to an HRA integrated with individual health insurance coverage or who are provided a QSEHRA.

Ranking Member Wyden Criticizes State Waiver Guidance: Senate Finance Committee Ranking Member Ron Wyden (D-OR), issued a statement after the Trump administration issued new guidance on section 1332 waivers. Sen. Wyden states that the new guidance will “leav[e] people with pre-existing conditions out in the cold.” For prior coverage of the new guidance, click here.