Benefits News Brief: 2/18

In early January the Equal Employment Opportunity Commission (EEOC) released proposed wellness rules addressing what type of incentive can be offered for participation in a wellness program without violating the Americans with Disabilities Act (ADA) or the Genetic Information Nondiscrimination Act (GINA). However, these rules were subsequently pulled from publication in the Federal Register and placed Read more about Benefits News Brief: 2/18[…]

Get Ready for Some Regulatory and Legislative Action

As expected, the Biden Administration has begun to take steps that will have an impact on employer sponsored benefit plans. This post is to alert you to potential changes you may see in the next few weeks and months so that you’re prepared to address these with your clients when (and if) they happen. Executive Read more about Get Ready for Some Regulatory and Legislative Action[…]

Question of the Month: January 2021

Question: For reporting 2020 coverage on the 1095-C, does the “plan start month” field in Section II refer to the starting month of the employer’s plan or the month coverage begins for an employee? Answer: This field, which is mandatory for the first time in 2020, is looking for the employer’s group medical plan year. Read more about Question of the Month: January 2021[…]

Benefits News Brief: 1/25

On December 30, CMS issued final guidance clarifying how issuers should account for risk corridor payment amounts when calculating MLR rebates. This guidance stems  from the April 27, 2020 Supreme Court ruling that the government must pay “past due” risk corridor amounts. The final guidance confirms that issuers must submit a revised MLR reporting form(s) Read more about Benefits News Brief: 1/25[…]

EEOC Guidance on Employer ICHRA Funding

The Equal Employment Opportunity Commission (EEOC) released an opinion letter clarifying what is permitted for employer funding of an individual coverage HRA (ICHRA) under the Age Discrimination in Employment Act (Act). Under the ADEA, it is “unlawful for an employer … [to] discriminate against any individual [at least 40 years of age] with respect to Read more about EEOC Guidance on Employer ICHRA Funding[…]

Question of the Month: December 2020

Question: A new hire has COBRA coverage. Under a severance package from their previous employer, the COBRA premiums are being subsidized for 4 months. Once the subsidy ends, will this employee have the opportunity to enroll in our plan midyear? Answer: In order for a HIPAA Special Enrollment right to arise with respect to a Read more about Question of the Month: December 2020[…]

Benefits News Brief: 12/30

On December 2, the Department of Labor, Internal Revenue Service, and Pension Benefit Guaranty Corporation released advance informational copies of the 2020 Form 5500 Annual Return/Report and related instructions. (Note that these forms are for information purposes only and should not be used for filing.) On December 4, the Department of Health and Human Services Read more about Benefits News Brief: 12/30[…]

Grandfathered Plans – Slightly More Flexibility to Increased Fixed Cost-Sharing

Last week, the agencies released final rules which may increase the ability for employers to increase cost-sharing under their group health plans without jeopardizing grandfathered status. You can find the agency news release, along with a link to the final rules, here: https://www.dol.gov/newsroom/releases/ebsa/ebsa20201211. Grandfathered plans are not required to comply with some of the requirements Read more about Grandfathered Plans – Slightly More Flexibility to Increased Fixed Cost-Sharing[…]

Question of the Month: November 2020

Question: What are the requirements for W-2 cost of coverage reporting? Answer: The Affordable Care Act (ACA) requires employers to report the aggregate cost of “applicable employer-sponsored coverage” on an employee’s Form W-2 for the purpose of providing “useful and comparable consumer information to employees on the cost of their health care coverage.” For this Read more about Question of the Month: November 2020[…]