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In June 2016, in Pankey v. Mississippi State University, a Mississippi state court agreed to allow a Consolidated Omnibus Budget Reconciliation Act (“COBRA”) case to move forward, even though the employee filing suit was bringing the claim four years after being terminated from employment. This decision serves as a cautionary tale for employers.
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Categories: Compliance | Tags: COBRA
The following is a summary of important proposed national health care legislation to watch when Congress reconvenes in the fall.
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Categories: Health Care Reform | Tags: Restoring Access to Medication and Improving Health Savings Act , Health Savings Act , Small Business Health Care Relief Act , Native American Health Savings Improvement Act , Veterans TRICARE Choice Act , Health Care Security Act , Tribal Employment and Jobs Protection Act , Student Worker Exemption Act , Halt Tax Increases on the Middle Class and Seniors Act
The Internal Revenue Service (“IRS”) recently released draft instructions (“Draft Instructions”) for completing the 2016 versions of Forms 1094-B and 1095-B. The Draft Instructions follow the release of IRS drafts of the 2016 versions of Forms 1094-B and 1095-B.
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Categories: Health Care Reform | Tags: Draft Instructions , Affordable Care Act , Form 1094-B , Form 1095-B
The Internal Revenue Service (“IRS”) recently released draft instructions (“Draft Instructions”) for completing the 2016 versions of Forms 1094-C and 1095-C. Applicable Large Employers (“ALEs”) (i.e., employers that had 50 or more full-time employees during the preceding calendar year) must fill out these forms to comply with certain Affordable Care Act (“ACA”) mandates pertaining to offers to and enrollment of employees in health insurance coverage. The draft instructions come on the ...
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Categories: Health Care Reform | Tags: 1094-C , 1094-B , 1095-B , 1095-C , Draft Instructions , Draft Forms , Affordable Care Act

Employers Starting to Receive MarketPlace Notices

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The federal Marketplace has recently started to send out Marketplace Notices to employers based upon information they gathered from individuals. The Marketplace is trying to determine who is or is not eligible for a Premium Tax Credit.
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Categories: Health Care Reform, Compliance | Tags: Pay or Play , Penalty , 1411 , Marketplace , Appeal , IRS , HHS
The Treasury Department issued a proposed rule on Premium Tax Credits that includes clarifications on how cash in lieu of insurance arrangements in a cafeteria plan (aka opt out arrangements) are treated for purposes of the affordability calculation under the ACA Employer Shared Responsibility Rules. The final rule is expected in 2016 following a comment period, and will be effective January 1, 2017.
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Categories: Health Care Reform, Compliance, Health Care in General | Tags: Cash-in-Lieu , Opt-out , ACA , 1095-C , IRS

IRS and DOL Propose Form 5500 Revisions

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Just a few short weeks after the DOL announced the penalties will increase to $2,063 per day for failure to file Form 5500s, on July 21, 2016, the Department of Labor (DOL), the Internal Revenue Service (IRS), and the Pension Benefit Guaranty Corporation (PBGC) (together called Agencies) will publish in the Federal Register a Notice of Proposed Forms Revisions to the Form 5500 Annual Return/Report Series.
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Categories: Benefits in General, Health Care Reform, Compliance | Tags: IRS , DOL , 5500 , Group Health Plans , FSA , HRA , HDHP

DOL Penalties Adjusted for Inflation

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The Department of Labor (DOL) published an interim final rule on June 30, 2016, to adjust the civil monetary penalties enforced by the DOL for inflation. The catch up adjustments apply to penalties assessed after August 1, 2016, for associated violations that occurred after November 2, 2015.
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Categories: Benefits in General, Health Care Reform, Compliance | Tags: DOL , 5500 , SBC , Penalty
The IRS reported in late June that they were investigating system errors with ACA Reporting submissions and followed with another announcement on June 30th indicating that the ACA Information Returns (AIR) system will remain up and running after the June 30th deadline.
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Categories: Health Care Reform, Compliance | Tags: IRS , ACA Reporting

EEOC Issues Sample Notice for Wellness Plans

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The EEOC recently provided a sample notice to help employers comply with the Americans with Disabilities Act with regard to their wellness plans. The notice describes what medical information will be collected as part of the wellness program, who will receive the information, how it will be used and how it will be kept confidential. The requirement that employers provide the notice will take effect on or after January 1, 2017, on the first day of the plan year for the health plan that the empl...
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Categories: Compliance | Tags: wellness , wellness plan , wellness program , EEOC , notice , ADA , disabilities , health questions , biometric screening , employer
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