Let our team help you navigate the ever-changing benefits compliance landscape each month. Check out this month’s latest alerts, additional updates, and resources hot off the press:

Employee Benefits Compliance Alerts

This month’s Compliance Matters newsletter provides a comprehensive review of the following topics. To obtain your copy, please use the form below to download.

Compliance newsletter previews
  • Evolving Considerations for Gender Non-Discrimination
  • San Francisco HCSO Top-Off Payments Due Soon
  • Departments Provide Additional Guidance for Contraception Preventive Services
  • 2024 State Regulation Series: Hawaii Prepaid Healthcare Act

Download this month’s alerts

Additional Updates & Resources

Rules for Association Health Plans Rescinded

In December 2023, the Department of Labor (DOL) proposed rescinding 2018 regulations for Association Health Plans (AHPs), that were originally intended to expand the reach and use of AHPs. The 2018 regulations created a more flexible “commonality of interest” test that would expand the pool of individuals eligible to participate in an AHP. In 2019, a court vacated key portions of the regulations, including the “commonality of interest” test. The DOL states that rescinding the AHP regulations will “resolve and mitigate any uncertainty” regarding their status and ensure that guidance provided on this issue aligns with ERISA’s “text, purposes, and policies.”

2024 Federal Poverty Level Guidelines Updated

In January, the Department of Health and Human Services (HHS) released the 2024 federal poverty guidelines. Employers can use the federal poverty level (FPL) to calculate affordability under §4980H (the Employer Mandate) for applicable large employers to comply with the Affordable Care Act (ACA) FPL safe harbor and avoid penalties for providing unaffordable coverage. FPL refers to any of the poverty guidelines in effect within six months before the first day of the plan year of the applicable large employer’s health plan. The FPL is typically updated in late January, so a calendar year plan will generally rely upon the FPL of the previous year, while plans beginning in February or later can rely upon the current year’s FPL.

New Marketplace Notice Released

Recently, the Department of Labor posted updated Marketplace notices to the applicable website. The Marketplace notice provides information about coverage options and premium tax credits available through the Marketplace and has been updated to provide more detail about Marketplace open enrollment and special enrollment periods, but otherwise is substantially the same. It is recommended that the updated notice be used for distribution to new hires going forward. The Marketplace notice is required to be provided to employees within 14 days of hire.

2024 State-Mandated Short-Term Disability Rates – At a Glance

Six states, and Puerto Rico, have mandated short-term disability for workers. Some of those states update benefits, wage caps and contribution amounts annually. Below is a quick reference guide for short-term disability benefits and rates in 2024.

StateMaximum Benefit AmountMaximum Benefit LengthPayroll Deduction AmountMaximum Annual Salary Cap
California$1,62052 weeks1.1%None
Hawaii$79826 weeks0.5%$59,081.47
New Jersey$1,05526 weeks0.0%$42,300
New York$17026 weeks0.5%None*
Puerto Rico$11312 weeks0.6%$9,000
Rhode Island$1,043 / $1,359**30 weeks1.1%$84,000

*There is no salary cap, but a maximum annual payroll contribution of $355.25 exists.

**Employee Only/Employee with Dependents

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