EEOC Announces Intent to Propose Regulations That May Harmonize ADA and GINA...
Since filing multiple litigations against employers concerning their wellness programs, including seeking a temporary restraining order against Honeywell International, the Equal Employment Opportunity...
View ArticleAs Employers Await Wellness Program Regulations From The EEOC, Congress Has...
We reported in December 2014, that the Equal Employment Opportunity Commission (EEOC) said it was planning to issue proposed regulations (scheduled for February 2015) that would “promot[e] consistency...
View ArticleACA Cadillac Tax Proposed Regs: What Treasury and IRS Are Considering
The Affordable Care Act (“ACA”) added section 4980I to the Internal Revenue Code (“Code”). Code section 4980I applies to tax years after December 31, 2017, and provides a tax on high cost...
View ArticleEEOC Publishes Proposed Wellness Program Regulations
Today the Equal Employment Opportunity Commission (EEOC) published long-awaited proposed regulations on wellness programs (Proposed Regs) that are intended to harmonize certain provisions of the...
View ArticleEmployers – Are You Ready to Report Offers of Health Insurance?
As you may already know, generally, each “applicable large employer” (see our article Health Care Reform: Employers Should Prepare Now for 2015 to Avoid Penalties to determine if you are an applicable...
View ArticleWaiting for GINA Guidance on Wellness Programs? EEOC Announces Anticipated...
Since April, employers have been mulling over proposed wellness program regulations issued by the Equal Employment Opportunity Commission (EEOC) to address certain issues under the American with...
View ArticleWhat the Supreme Court’s Decision on Affordable Care Act Subsidies Means for...
The Internal Revenue Service was authorized to issue regulations extending health insurance subsidies to coverage purchased through health insurance exchanges run by the federal government or a state,...
View ArticleReducing Employee Hours to Avoid ACA Obligations to Offer Coverage Violates...
One strategy for minimizing exposure to the employer shared responsibility penalties under the Affordable Care Act (ACA) is to minimize the number of “full-time employees” – that is, the number of...
View ArticleIs Your Health Plan Affordable? If You Offer an Opt-Out Payment, You Better...
An “applicable large employer” is subject to a penalty if either (1) the employer fails to offer to its full-time employees (and their dependents) the opportunity to enroll in minimum essential...
View ArticleACA Cadillac Tax: Cruising Toward Proposed Regulations
Background Effective 2018, Section 4980I of the IRC — the so-called “Cadillac Tax,” which was added to the IRC by the ACA — will impose a 40% nondeductible excise tax on the aggregate cost of...
View ArticleDon’t Forget Year-End Amendment to Cafeteria Plans Allowing Revocation for...
As the calendar year comes to an end, group health plan sponsors must remember that if they took advantage of the ACA relief of IRS Notice 2014-55, amendments to their cafeteria plans by year end are...
View ArticleLate-Breaking Benefits News for 2016
While taxpayers were completing their holiday shopping and preparing to spend time with their families, Congress and the Internal Revenue Service (“IRS”) were busy changing laws governing employee...
View ArticleHealth Coverage Made Available ONLY to Wellness Program Participants, OK...
With final ADA and GINA wellness program regulations expected this year from the Equal Employment Opportunity Commission (EEOC), 2016 looks to be an important year for regulation of these programs....
View ArticleSupreme Court Looks for ACA Contraceptive Coverage Compromise for Religious...
Less than one week after hearing oral arguments on seven consolidated cases in which non-profit organizations challenged the opt-out process for religious organizations opposing the Affordable Care...
View ArticleSo You’ve Filed Your 1095-C…Now What?
As companies complete their Section 6055 and 6056 reporting under the Affordable Care Act (ACA), now it’s time to be on the lookout for notices regarding ACA penalties. Watch for Notice Letters:...
View ArticleA District Court Just Dealt a Blow to the ACA. Employers, Don’t Get Excited!
On May 12, 2016, the United States District Court for the District of Columbia issued an opinion in U.S. House of Representatives v. Burwell et al., No. 14-1967 (D.D.C. May 12, 2016), enjoining the...
View ArticleSupreme Court Decides Not to Decide on Latest Challenge to ACA Contraceptive...
The Supreme Court in a unanimous opinion remanded Zubick v. Burwell — and the six cases consolidated with Zubick — back to the Courts of Appeals to rule on the contraceptive opt-out notice provisions....
View ArticleHealthcare Subsidies for Grad Students: An ACA Conundrum
Colleges and universities historically have provided graduate student employees (e.g., teaching assistants) with a stipend or reimbursement to help defray (or even fully cover) the cost of their...
View ArticleFinal Rule Issued on ACA’s Non-Discrimination Provision for Federally Funded...
Section 1557 of the Affordable Care Act (“ACA”), in effect since 2010, prohibits discrimination in any federally funded health program on the basis of race, national origin, sex, age, or disability....
View ArticleEmployers Wonder How to Respond to Marketplace Notices
Many employers have begun receiving Health Insurance Marketplace notices – letters stating that a particular employee reported that he or she wasn’t offered affordable minimum value coverage for one or...
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