Archive by category: ComplianceReturn
RSS

New Debit Card Regulation

posted on
In an effort to further protect the identity and finances of individuals who have a debit card to use for payment of expenses, the Dodd-Frank Wall Street Consumer Protection Act requires that the individual must be provided with two means of completing the debit card transaction – what the regulation calls “unaffiliated payment networks.” This regulation is effective April 1, 2013.
Read More
Categories: Compliance | Tags: Debit Card

2013 Transportation Benefits

posted on
The 2013 monthly maximum pre-tax transportation benefits are unchanged from 2012:
Read More
Categories: Benefits in General, Compliance | Tags: Transportation Benefits
IRS Notice 2012-40, released last June, primarily provided guidance on the 2013 $2,500 limit to salary reduction contributions to Health Care FSAs, but also requested comments on the use-or-lose rule for Health Care FSAs. The use-or-lose rule generally prohibits any contribution or benefit under an FSA from being used in later plan years or periods of coverage.
Read More
Categories: Compliance | Tags: Health Care FSA
In a recent case, a court concluded that even though a COBRA administrator told an employee an inaccurate premium payment due date, the employer was not obligated to pay for benefits that were not otherwise payable under the clear and unambiguous terms of the plan.
Read More
Categories: Compliance | Tags: COBRA

Employer Liable for COBRA Coverage?

posted on
Recently, a federal court decided that an employer could be liable for erroneously offering COBRA coverage to an employee, even though the employer was exempt from COBRA because it had fewer than 20 employees (i.e., COBRA’s small-employer exception).
Read More
Categories: Compliance | Tags: COBRA

COBRA's Disability Extension Rule

posted on
Generally, the longest period for which COBRA must be provided is known as the maximum coverage period. This period is generally measured from the date of the qualifying event. The basic maximum coverage period is either 18 or 36 months depending on the qualifying event. A disability extension is an 11 month extension added to the 18 month COBRA coverage period.
Read More
Categories: Compliance | Tags: COBRA
A recent court case has confirmed a long standing COBRA principle: while the plan administrator has the burden of proving that a COBRA notice was properly sent to the qualified beneficiary, the plan administrator need not prove that the qualified beneficiary actually received the notice, but rather that it mailed the notice in a manner such that it is presumed to have been received or was reasonably calculated to be received by the qualified beneficiary.
Read More
Categories: Compliance | Tags: COBRA
The Internal Revenue Code (Code) imposes penalties in the form of excise taxes for various group health plan compliance failures, such as failures relating to COBRA, HIPAA and group health plan mandates, and requires self-reporting of such taxes on Form 8928 (the Form). Some of the excise taxes have been around for a long time, and the self-reporting requirement has been in place since January 1, 2010. However, because the IRS released an updated version of the Form in September 2011 to expres...
Read More
Categories: Compliance | Tags: Form 8929

OCR HIPAA Audits Underway

posted on
The Office of Civil Rights (OCR) has begun conducting audits of covered entities as part of its HIPAA privacy and security compliance program.
Read More
Categories: Compliance | Tags: HIPAA

Uniform Coverage and the Health FSA

posted on
The Uniform Coverage Rule requires that “the maximum amount of reimbursement from a health FSA must be available at all times during the period of coverage (properly reduced as of any particular time for prior reimbursements for the same period of coverage).” Prop. Treas. Reg. §1.125-5(d)(1).
Read More
Categories: Benefits in General, Compliance | Tags: Health FSA , Uniform Coverage Rule