The health and economic crises caused by the COVID-19 pandemic continue to challenge employers in managing health and leave benefit issues for the coming year. Human resources consulting firm Mercer has compiled what it calls the top 10 compliance-related priorities for 2021 health and fringe benefit planning, along with recommendations for general actions employers can take. Related: 6 categories of employment lawsuits to expect in the wake of COVID-19 Mercer counsels keeping a close eye on the COVID-19 relief package as negotiations intensify over the next several weeks. Some policy priorities that may end up in a relief package include fully subsidized continuation of employer-sponsored health coverage under COBRA, eased restrictions on cafeteria plans and flexible spending arrangements, and measures that would end surprise medical bills and enhance employers' abilities to offer telehealth services. The urgency of the moment may lead to enacting relief despite the seemingly remote possibility of bipartisan agreement. Federal agencies have issued various forms of pandemic relief, and employers should keep an eye on what relief may be extended for the coming year. Regulatory changes to augment telehealth availability, especially for behavioral health care, are expected to continue into the new year, with some of those changes to be made permanent. Guidance addressing return-to-work employer initiatives is expected to evolve as well, according to Mercer. Recent court decisions may also be an indicator of where benefits and program administration may be headed. In light of the Supreme Court's recent decision in Bostock v. Clayton County, Ga., plan sponsors should be evaluating how their benefit offerings for LGBTQ offerings comply with federal sex discrimination protections under Title VII of the Civil Rights Act of 1964. Employers should also keep an eye on recent litigation alleging plans and/or their vendors have violated benefit rules like COBRA notice requirements. See our slideshow for Mercer's suggested action plans addressing the top 10 compliance issues, and click here to read the full report. Read more:
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