IRS Extends Deadline for ALEs to Distribute 2016 ACA Reporting Forms to Individuals

The IRS has issued Notice 2016-70, which provides a 30-day extension to the deadline for Applicable Large Employers ("ALEs") to distribute the 2016 Affordable Care Act ("ACA") reporting forms to employees and covered individuals. NOTE: This extended deadline applies only to distributing the 2016 ACA reporting forms to employees and covered individuals and not to [...]

By |2017-01-19T10:23:27-05:00December 16th, 2016|2016 News, News|

Experimental and Investigational Treatments and Procedures under ERISA Group Health Plans

While most group health plans contain an exclusion for medical and investigational procedures, the scope and the pace at which medical procedures and treatments are tested in the 21st century makes this an extremely difficult standard to apply. There is no bright-line test, experts frequently disagree as to when the line has been crossed, and [...]

By |2017-01-19T10:23:38-05:00December 3rd, 2016|2016 News, News|

Testimony Shows Anthem and Cigna at Odds Over Proposed Merger

"Anthem and Cigna have quarreled for months behind the scenes even as their push to combine has moved forward, with each company accusing the other of violating their $48 billion agreement... The newly unsealed testimony showed that, among other things, Cigna officials have questioned Anthem's plans for their company postmerger, while Anthem executives have tried [...]

By |2017-01-19T10:23:50-05:00December 2nd, 2016|2016 News, News|

Criminal Conviction of Plan Trustee, Outside Legal Counsel Shows Risks of Retaliating Against Whistleblowers for Reporting ERISA Violation

A U.S. District Court has determined, in Perez v. Scott Brain, that an employee benefit trust fund's trustee and legal counsel engaged in illegal activity when they retaliated against a fund employee who communicated with the Department of Labor during its investigation of the fund's administration. (Solutions Law Press)

By |2017-01-19T10:24:59-05:00November 12th, 2016|2016 News, News|

Medicare: Insolvency Projections

"Almost from its inception, the [Hospital Insurance (HI)] Trust Fund has faced a projected shortfall. The insolvency date has been postponed a number of times, primarily due to legislative changes that have had the effect of restraining growth in program spending. The 2016 Medicare trustees' report projects that, under intermediate assumptions, the HI Trust Fund [...]

By |2017-01-19T10:25:09-05:00November 9th, 2016|2016 News, News|

The Rights and Duties of Your HSA Trustee

"Your HSA trust agreement cannot limit your reimbursements to eligible expenses... Your trustee must provide at least one way for you to make distributions (withdrawals) for non-eligible expenses.... Your trustee can place certain restrictions on distributions.... Your HSA trustee does not track your deposits to ensure that you don't exceed your maximum annual contribution.... Your [...]

By |2017-01-19T10:25:27-05:00November 6th, 2016|2016 News, News|

Court Says Employer Can Require Health Risk Assessments for Medical Coverage

A U.S. District Court has determined, in EEOC v. Orion Energy Systems, Inc., that an employer's wellness program, which requires employees who had enrolled in its group health plan to undergo health risk assessments or pay full premium costs, was voluntary and did not violate the Americans with Disabilities Act ("ADA"). Nevertheless, the court indicated [...]

By |2017-01-19T10:25:47-05:00November 1st, 2016|2016 News, News|

Flex Contributions and Opt-Out Payments Under ACA 10/15/16

"Employers that offer flex contributions and/or opt-out payments face some unique issues in determining if the health coverage they offer to employees is affordable under the ACA's shared responsibility rules. Depending on how the program is structured, these contributions and payments can adversely affect affordability." (Xerox HR Services)

By |2017-01-19T10:26:13-05:00October 15th, 2016|2016 News, News|

Can We Allow Laid-Off Employees to Spend Down Their Health FSAs Without Electing COBRA?

"QUESTION: Our company offers a calendar-year cafeteria plan with a health FSA funded through employee salary reductions. The health FSA is subject to COBRA, and our plan documents provide that health FSA coverage ends upon termination of employment. Before year-end, we expect to eliminate several positions at our company. Can we amend our plan to [...]

By |2017-01-19T10:26:24-05:00October 9th, 2016|2016 News, News|
Go to Top