ARTICLE
27 December 2024

Benefits Monthly Minute

KM
Keating, Meuthing & Klekamp

Contributor

Keating Muething & Klekamp PLL is a nationally recognized law firm of approximately 130 lawyers in Cincinnati, Ohio. We deliver sophisticated legal solutions to individuals and businesses of all sizes — from start-up companies to Fortune 50 corporations. While the firm has primarily built its reputation in the tri-state area, including Ohio, Kentucky, and Indiana, our unwavering client-first approach has helped us establish a national and international presence.

Since 1954, KMK Law has been a pillar of the Cincinnati community. The attorneys and staff at KMK Law have dedicated themselves to serving as trusted advisors for private and public companies, nonprofits, charity-focused organizations, and individuals from every walk of life. Whether our counsel is to a multi-billion dollar company, or an individual working to make sure their life’s work is protected for their family and the organizations they support, we are proud and honored to help those clients achieve their aspirations, every time.

In the December Monthly Minute, we are wrapping up key benefits developments (including a SECURE 2.0 refresh, a look at HIPAA reproductive health care privacy, and the revised NQTL requirements)...
United States Employment and HR

In the December Monthly Minute, we are wrapping up key benefits developments (including a SECURE 2.0 refresh, a look at HIPAA reproductive health care privacy, and the revised NQTL requirements) and offer action items for employers to consider to facilitate compliance.

Wrapping Up Key Benefits Developments

SECURE 2.0 Refresh: As reported previously in the November Monthly Minute, Secure 2.0 brought about many required and optional changes for qualified retirement plans. A few highlights to keep in mind as plans enter the new year include:

  • Effective 2025, plans may allow participants age 60-63 to make larger catch-up contributions.
  • High-income participants can only make Roth catch-up contributions (implementation delayed until 2026, but plans should prepare for compliance in 2025).
  • Plans established after December 29, 2022, must provide auto-enrollment and auto-escalation features.
  • Effective 2025, long-term part-time ( LTPT) employees (those with at least 500 hours for 2 consecutive years) must be permitted to make 401(k)/elective deferrals.

HIPAA Reproductive Health Privacy Compliance: The HIPAA Privacy rule was recently amended to provide for enhanced protections with respect to reproductive health care, as addressed in the September Monthly Minute. Operational compliance is required by December 23, 2024. Here are a few action items for group health plans to take to aid in compliance:

  • Review HIPAA policies and procedures to include information about the new reproductive health care privacy rules.
    • Include examples of reproductive health care, and what types of uses and disclosures are prohibited.
  • Become familiar with HHS' model attestation (available here).
    • The attestation is generally required for health oversight requests, judicial/administrative proceedings, law enforcement purposes, and coroner/medical examiner requests that potentially related to reproductive health care.
  • Confirm whether or not the plan's business associates are prepared to comply with the new rules, and whether BAA updates are needed (updates to Notice of Privacy Practices are not required until Feb. 16, 2026).

New NQTL Rules: 2024 ushered in revised mental health parity rules that impact the nonquantitative treatment limitation (NQTL) requirements that apply to group health plans. The new rules included revised definitions for key terms that create the framework for NQTL comparative analyses, updated comparative analysis content requirements, and created new fiduciary responsibilities. What steps should plans be taking to comply?

  • Find out if your TPA is complying with the new MHP rules.
  • Prudently select a service provider to prepare and document a comparative analysis for each NQTL.
  • Request a copy of the NQTL list and each comparative analysis.
  • Monitor the service provider (ask questions, engage in dialogue, and document your process).
  • Make sure the plan is ready to promptly provide the comparative analysis upon request.
  • Complete a fiduciary certification.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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