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DOL Clarifies Same-Sex Spousal FMLA Rights

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Last week, the DOL issued a Final Rule regarding the definition of "spouse" under the Family and Medical Leave Act (FMLA) effective March 27, 2015. Employers and human resources consultants will want to be aware of the changes the Final Rule makes to prior guidance on the application of FMLA for same-sex spouses.
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Categories: Benefits in General, Compliance | Tags: same sex , fmla

Proof of Health Coverage

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How should employers respond to employees that request proof of health coverage from the employer for calendar year 2014 and why are they asking?
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Categories: Health Care Reform, Compliance | Tags:

Cadillac Tax Guidance Issued

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Although not set to go into effect until 2018, the 40% excise tax on the excess cost of total health coverage, better known as the Cadillac Tax, has been on the minds of brokers and employers alike for which plans count toward the total cost of health coverage, how the total cost is calculated and who pays the excise tax if there is excess cost. The IRS recently issued preliminary guidance in Notice 2015-16 to answer those questions and is seeking comments before issuing final regulations.
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Categories: Health Care Reform, Compliance | Tags: Cadillac , Excise
The IRS, in Notice 2015-17, has provided transition relief allowing small employers that continued to reimburse or pay for their employees’ individual medical plans in 2014 and/or are continuing to do so in 2015 to escape the excise tax penalties for doing so. This guidance is contrary to IRS Notice 2013-54 and subsequent guidance that prohibits an employer from paying for or reimbursing employees for their individual medical insurance premiums under what the regulation referred to as an “emp...
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Categories: Health Care Reform, Compliance | Tags: individual , premium , reimburse , payment

Final Play or Pay Reporting Forms Published

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The IRS has published the final forms and instructions for major medical health plans to report the coverage an individual was enrolled in during 2015, for applicable large employers (ALEs) to report the major medical health coverage they offered to full time employees during 2015, instructions for the two sets of forms and a publication providing guidance on getting ready for the reporting.
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The IRS has published a document to explain the “Types of Employer Payment and How They Are Calculated.”
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Senate Will Vote to Repeal Obamacare

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Last week, the House voted along party lines to repeal Obamacare and replace it with the Patient Choice, Affordability, Responsibility and Empowerment (CARE) Act. The Senate has agreed to hold hearings and to vote on the Act later this month.
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Last Friday (1/16/15), the Supreme Court agreed to decide the constitutionality of same sex marriage in all 50 states and the District of Columbia. Oral arguments will likely be heard in late-April with a decision expected no later than when the court recesses at the end of June.
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New Legislation Creates NARAB

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President Obama signed a bill on Monday that re-established the National Association of Registered Agents and Brokers.
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Representative Todd Young (R-Ind) introduced H.R. 30, along with 147 cosponsors, to increase the definition of a full time employee from 30 hours per week or more to 40 hours per week or more as it relates to the Play or Pay provisions of Health Care Reform. The House will vote on the Bill later this week.
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