New ACA nondiscrimination rules: But these aren’t the rules you’re looking for

by Christian Schappel

The Department of Health & Human Services (HHS) just issued proposed nondiscrimination rules that would be applied under the health reform law. 
After reading a press release titled something to the effect of “New ACA nondiscrimination rules issued,” we were reminded of the scene from Star Wars: A New Hope in which Obi-Wan Kenobi plays a Jedi mind trick on a stormtrooper and says, “These aren’t the droids you’re looking for.”
Why, of all things, did that pop into our head? Because, in fact, these aren’t the nondiscrimination rules we’re looking for.

Still waiting …

As you’ll likely recall, when the ACA was passed, the feds said it would subject group health plans to nondiscrimination rules similar to those that currently apply to self-insured group health plans. The rules would prevent health plans from discriminating against highly compensated employees by offering them benefits not open to their lesser-paid counterparts.

The problem is, the feds said the rules wouldn’t apply until official guidance had been released about them. So feds kept employers waiting and searching for the guidance. It was then expected to finally be released in 2014, but it was delayed due to some lingering questions IRS officials had.

Click here for entire article.