New ACA Guidance On Summary Of Benefits And Coverage Requirements Extends Certain Safe Harbors

The Department of Labor's latest set of frequently asked questions addresses issues related to the Affordable Care Act's (ACA) requirement that health insurance issuers and group health plans provide participants and enrollees with a summary of benefits and coverage (SBC) describing the health plan's covered benefits, cost-sharing provisions, coverage limitations and exceptions, and other key features. Notably, the agency is extending for an additional year several safe harbors set forth in earlier sets of FAQs. The guidance lists the specific safe harbor provisions that will be extended, including those related to the circumstances in which an SBC may be provided electronically; penalties for failure to provide the SBC or uniform glossary; an issuer's obligation to provide an SBC for benefits it does not insure; expatriate coverage; and the use of carve-out arrangements. The DOL is also extending until September 24, 2014 – provided certain conditions are met – the