June 9, 2020
Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss employee benefits, executive compensation, and labor and employment issues that employers are confronting in light of the COVID-19 pandemic, and considerations for employers as they navigate their response to those issues. In this episode, Pepper Hamilton Counsel Rebecca Alperin and Troutman Sanders Counsel Lisa Shallue discuss the Families First Coronavirus Response Act (FFCRA), the Coronavirus Aid, Relief and Economic Security Act (CARES Act), and subsequent Department of Labor and IRS guidance in the context of health and welfare plans. Rebecca and Lisa explain steps that employers will need to take in order to implement required and optional changes relating to health and welfare plans in response to the new legislation and guidance. Troutman Sanders associate Nida Javaid moderates the discussion. Lisa and Rebecca address the following topics: • Group health coverage for COVID-19 and telehealth services – including implications for HSA-compatible high deductible health plans; • Administrative challenges related to extended deadlines for participants to exercise various COBRA, HIPAA special enrollment, and ERISA claims rights; • Permitted changes to cafeteria plan flexible spending accounts; and • Permissible expansion of Educational Assistance Programs to include employer provided student loan repayments.
