Benefit Buzz - April 2022
Benefit tips brought to you by MFC Benefits, LLC

Learn more about Telehealth coverage for HDHPs extended and federal protections for gender-affirming care:
TELEHEALTH COVERAGE FOR HDHPS EXTENDED
A spending bill signed into law on March 15,
2022, extends the ability of high-deductible
health plans (HDHPs) to provide benefits for
telehealth or other remote care services
before plan deductibles have been met
without jeopardizing health savings account
(HSA) eligibility. This extension applies to
any telehealth services from April 2022
through the end of the year.
Background
HSA contribution rules limit the types of
health coverage that eligible individuals
may have. As a general rule, telemedicine
programs that provide free or reduced-cost
medical benefits before the HDHP
deductible is satisfied are disqualifying
coverage for purposes of HSA eligibility.
However, effective in 2020, for plan years
beginning before 2022, the Coronavirus Aid,
Relief and Economic Security Act
(CARES
Act) allowed HDHPs to provide benefits for
telehealth or other remote care services
before plan deductibles have been met.
This meant that HDHPs could provide
coverage for telehealth services before the
minimum deductible was reached without
jeopardizing plan participants’ eligibility for
HSA contributions. This rule expired for plan
years beginning in 2022.
Impact of the Extension
Under the extension, HDHPs may choose to
waive the deductible for any telehealth
services from April 2022 through the end of
2022 without causing participants to lose
HSA eligibility. This provision is optional;
HDHPs can continue to choose to apply any
telehealth services toward the deductible.
Note that telemedicine services provided
between Jan. 1, 2022, and April 1, 2022,
must still be counted toward the HDHP
deductible to avoid impacting participants’
eligibility for HSA contributions.
FEDERAL PROTECTIONS FOR GENDER-AFFIRMING CARE
The Department of Health and Human
Services recently issued guidance on federal
civil rights protections and health privacy
laws that apply to gender-affirming care.
Federal Civil Rights Protections
Affordable Care Act Section 1557 protects a
person’s right to access health programs
receiving federal funds without facing
discrimination based on sex, including
gender identity. Covered entities refusing to
provide treatment to an individual based on
gender identity is prohibited discrimination.
Similarly, restricting a person’s ability to
receive medically necessary genderaffirming care solely based on their sex
assigned at birth or gender identity likely
violates Section 1557.
Section 504 of the Rehabilitation Act and
Title II of the Americans with Disabilities Act
protect individuals with disabilities from
discrimination in programs receiving federal
funds or in state and local government
programs. Gender dysphoria may qualify as
a disability under these laws. Thus,
restrictions preventing otherwise qualified
individuals from receiving medically
necessary care based on their gender
dysphoria may also violate these laws.
Federal Health Privacy Laws
The Health Insurance Portability and
Accountability Act (HIPAA) prohibits the
disclosure of gender-affirming care that is
protected health information (PHI) without
an individual’s consent, except in limited
cases. The HIPAA Privacy Rule allows, but
does not require, covered entities to
disclose PHI without an individual’s consent
when required by another law.
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