A Flurry of New Federal Regulations - Employee Retirement Income Security Act benefits, occupational safety and health - Brief Article

Workforce, Feb, 2001 by D. Diane Hatch, James E. Hall

Three examples are:

1. Department of Labor (DOL) Final Rule Revising Minimum Requirements for ERISA Benefit Plan Internal Claims Procedures. This tightens requirements that employer group health plans respond more quickly and candidly to employees who submit benefit claims, or appeal the denial of their claims. Time deadlines for decisions are detailed and effective monitoring of decisions is required. 29 CFR 2520. Effective date: 1/1/02.

2. DOL Final Rule Amending Regulations Governing Content of ERISA Benefit Summary Plan Descriptions (SPDs). This requires more specific descriptions of cost-sharing provisions; annual or lifetime caps; limits on benefits; the extent to which preventive services are covered; coverage for new drugs, medical tests, devices, and procedures; and new maternity rights. 29 CFR 2520. Effective date: 1st day 2nd plan year beginning on or after 1/20/01.

3. Occupational Safety and Health Administration (OSHA) Final Rule Revising Federally Funded On-Site Workplace Consultation Visit Regulations. The rule provides for greater employee involvement in on-site consultation by OSHA; requires that employees be informed of the results of visits; provides for confidential treatment of information about visits; updates procedures for conducting consultation visits; and limits when consultation reports may be used for enforcement purposes. 279 CFR 1908. Effective date: 12/26/00.

Impact: Human resources professionals should thoroughly review new regulatory activity on a regular basis.

D. Diane Hatch, Ph.D., is a human resources consultant based in San Francisco. James E. Hall is an attorney with the law firm Barlow, Kobata and Denis, with offices in Los Angeles and Chicago.