In our August Monthly Minute, we touched on the precarious future of drug accumulator programs in light of recently released guidance that appeared to significantly limit their application and usefulness from a cost-management perspective. Some of those fears have just been put to rest – for the time being. On August 26, 2019, new guidance was released that acknowledged certain ambiguities about the treatment of drug manufacturer’s coupons in circumstances other than in which there is a medically appropriate generic equivalent available. Although the new guidance did not actually rectify the ambiguity, it did provide that clarifying rulemaking will be forthcoming for 2021. And, perhaps more importantly, until the 2021 rulemaking is issued and effective, the Departments stated that they will not initiate enforcement action if a group health plan excludes the value of drug manufacturers’ coupons from the annual limitation on cost sharing, including in circumstances in which there is no medically appropriate generic equivalent available. In short, this is good news for your 2020 accumulator program.
KMK Law articles and blog posts are intended to bring attention to developments in the law and are not intended as legal advice for any particular client or any particular situation. The laws/regulations and interpretations thereof are evolving and subject to change. Although we will attempt to update articles/blog posts for material changes, the article/post may not reflect changes in laws/regulations or guidance issued after the date the article/post was published. Please consult with counsel of your choice regarding any specific questions you may have.
ADVERTISING MATERIAL.
© 2024 Keating Muething & Klekamp PLL. All Rights Reserved
- Partner
Antoinette Schindel practices in KMK Law's Employee Benefits & Executive Compensation Group. Antoinette regularly advises employers regarding Affordable Care Act (ACA) compliance issues, including health coverage and ...
- Partner
Lisa Wintersheimer Michel is the leader of the Employee Benefits & Executive Compensation Group. Her practice primarily involves all aspects of qualified retirement plans, including profit sharing plans, 401(k) plans ...
Topics/Tags
Select- Labor & Employment Law
- Discrimination
- Employment Law
- Coronavirus
- Non-Compete Agreements
- Labor Law
- Department of Labor
- Federal Trade Commission
- National Labor Relations Board
- Wage & Hour
- Privacy
- Reasonable Accommodation
- NLRB
- Pregnancy Discrimination
- Workplace Accommodations
- Employee Benefits and Executive Compensation
- FMLA
- Employment Litigation
- Arbitration
- Workplace Violence
- Religion Discrimination
- Medical Marijuana
- FLSA
- IRS
- Litigation
- Social Media
- Employer Policies
- Americans with Disabilities Act
- Disability Discrimination
- Medical Cannabis Dispensaries
- Retirement
- National Labor Relations Act
- Race Discrimination
- Sexual Orientation Discrimination
- Accommodation
- OSHA
- Whistleblower
- Employer Handbook
- ERISA
- United States Supreme Court
- EEOC
- ADAAA
- ACA
- Affordable Car Act
- Unions
- Title VII
- Employer Rules
- Sexual Harassment
- Technology
- Federal Arbitration Act
- NLRA
- Transgender Issues
- Disability
- 401(k)
- Employment Settlement Agreements
- Sixth Circuit
- Equal Employment Opportunity Commission
- Fair Labor Standards Act
- Paycheck Protection Program
- Benefits
- Gender Identity Discrimination
- Posting Requirements
- Class Action Litigation
- Disability Law
- Securities Law
- E-Discovery
- Evidence
- Preventive Care Benefits
- Health Savings Account
- SECURE Act
- Family and Medical Leave Act
- US Department of Labor Employee Benefits Security Administration
- Environmental Law
- Privacy Laws
- Overtime Pay
- Representative Election Regulations
- Department of Justice
- Healthcare Reform
- Older Workers' Benefit Protection Act (OWBPA)
- Telecommuting
- Affirmative Action
- Compensable Time
- Electronically Stored Information
- Equal Opportunity Clause
- Security Screening
- Supreme Court
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- Occupational Safety and Health Administration
- Unemployment Insurance Integrity Act
- American Medical Association
- Attendance Policy
- Classification
- Fair Minimum Wage
- Federal Minimum Wage
- Misclassification
- Return to Work
- Seniority Rights
- State Minimum Wage
- Wage Increase
- Confidentiality
- Disability Leave
- Equal Pay
- Genetic Information Discrimination
- Media Policy
- National Origin Discrimination
- Retaliation
- Social Media Content
- Employment Incentives
- HIRE Act
- Social Security Tax
- Taxation
- Antitrust
Recent Posts
- U.S. Supreme Court to Review Title VII Reverse Discrimination Case
- NLRB General Counsel Expands Focus on Non-Compete Agreements and Stay-Or-Pay Agreements
- FTC's Non-Compete Rule Struck Down
- District Court Finds in Favor of FTC, Declines to Issue Injunction
- DOL Increases Compensation Threshold for Exemption Eligibility
- Federal Trade Commission Announces New Rule Invalidating Non-Compete Agreements
- EEOC Announces Final Rule Providing Guidelines under the PWFA
- The Practical Employment Law Podcast: Immediate Termination
- The Practical Employment Law Podcast: Labor & Employment Law Update February 2024
- The Practical Employment Law Podcast: Telephone Game