The questions, which are posted on the website of the DOL’s Employee Benefits Security Administration (EBSA), were prepared jointly by the DOL, the Department of Health and Human Services (HHS) and the Treasury Department. Like previously issued FAQs, the new FAQs answer questions from stakeholders to help people understand the PPACA and benefit from it.
One question addresses the notice of coverage options available through the health insurance exchanges. Specifically, it discusses whether it is permissible for another entity—such as an issuer, multiemployer plan or third-party administrator (TPA)—to send the Notice of Coverage Options on behalf of an employer to satisfy the employer’s obligations under the Fair Labor Standards Act (FLSA), Section 18B.
Another part of the FAQs addresses the 90-day waiting period limitation mentioned in the Public Health Service (PHS) Act, Section 2708. This provides that a group health plan or health insurance issuer offering group health insurance coverage shall not apply any waiting period that exceeds 90 days. This part of the FAQs specifically discusses whether final regulations will be issued under the PHS Act, Section 2708, to give plans and issuers sufficient time to comply with the waiting period limitation.