Final Nondiscrimination Reg Clarifies HHS Stance On ERISA Plans

HHS' Office of Civil Rights clarified in its final rule on the Affordable Care Act's nondiscrimination provision that third-party administrators (TPAs) will be covered by the rule, but self-insured employer groups who hire those TPAs will not. The agency will refer potential discriminatory plan designs to the appropriate federal agency. Employer sources appreciate that OCR recognized its limitations, but still worry about potential lawsuits and compliance issues related to the rule. The nondiscrimination rule released earlier this month is the...