On September 12, 2023, the Congressional Research Service issued report LSB11040 describing the Braidwood case and suggesting a possible action that Congress could take to address the issues raised by it.

On August 23, 2023, the IRS published Revenue Procedure 2023-29, which provides the employer contribution percentage requirements applicable for plan years beginning in calendar year 2024 and the 2024 premium tax credit (PTC) table.

On July 7, 2023, the DOL, HHS and IRS (the departments) issued a proposed rule (with an accompanying fact sheet) to amend certain requirements regarding limited duration insurance and excepted benefits coverage. The proposed rule also clarifies the tax treatment of fixed amounts received from accident and health coverage. Additionally, the departments are requesting comments regarding specific disease policies and level-funded...

On May 15, 2023, the US Court of Appeals for the Fifth Circuit (the Fifth Circuit) issued an administrative stay (i.e., a pause) of the lower court’s remedy in Braidwood Management Inc. v. Becerra. As a result of the stay, all ACA preventive care mandates remain in effect until the Fifth Circuit rules on the substance of the case.

On April 27, 2023, CMS published the 2024 Notice of Final Benefit and Payment Parameters and an accompanying fact sheet. The final rule is primarily directed at health insurers and the ACA marketplace but includes information that may indirectly impact group health plans.

On April 13, 2023, the DOL, HHS and IRS (the “agencies”) jointly issued FAQs (Part 59) to provide initial guidance on how the recent court decision in Braidwood Management Inc. v. Becerra affects the requirement to cover preventive services without cost-sharing under the ACA. According to the FAQs, the agencies anticipate issuing additional guidance in the future to further address plans' and issuers' obligations in light of the Braidwood...

On March 30, 2023, the US District Court for the Northern District of Texas (the “court”) issued a final judgment in Braidwood Management Inc. v. Becerra, which invalidates and prohibits enforcement of certain ACA preventive care requirements on a nationwide basis. As explained below, the final judgment follows the court’s September 7, 2022, ruling in a case challenging the legality of the preventive care mandates.

On March 9, 2023, the IRS released Revenue Procedure 2023-17, which provides, in part, indexing adjustments for penalties under the employer mandate. As a reminder, the ACA requires applicable large employers (ALEs) – those with 50 or more full-time and full-time equivalent employees (FTEs) – to offer affordable minimum value coverage to substantially all FTEs and their dependents or risk a penalty.

On January 30, 2023, the Department of Health and Human Services, the Department of Labor, and the Department of the Treasury (collectively, the departments), issued proposed rules to amend regulations regarding coverage of certain contraceptive preventive services under the ACA.

The IRS recently released the final instructions for Forms 1094/1095-C and 1094/1095-B for the 2022 reporting year. With these final instructions, employers and insurers have all the IRS documents needed to complete the 2022 reporting.