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OCTOBER 2011 – BULLETIN: RECENT DEVELOPMENTS IN EMPLOYEE BENEFITS LAW
New Guidance Related To Health Plans & Health Care Reform (PPACA) Proposed Safe Harbor on Determining "Affordability" for Employer Excise Tax Purposes & Proposed IRS Regulations on the PPACA Premium Tax Credit Starting in 2014, large employers (generally those with at least 50 full-time employees) will be subject to excise taxes under PPACA if either (a) they fail to offer health coverage to all fulltime employees For PPACA excise tax purposes, full-time [...]
OCTOBER 2011 – NEW GUIDANCE ON PPACA 4-PAGE SUMMARY OF BENEFITS & COVERAGE
In August 2011, federal regulators issued proposed regulations implementing PPACA's requirement that group health plans and insurance issuers provide applicants and enrollees with a four-page uniform summary of benefits and coverage ("SBC"), and separately issued model SBC templates, samples, and instructions developed by the NAIC. The proposed regulations establish when and to whom an SBC must be provided, who must provide the SBC, formatting and content requirements, rules on electronic delivery, and penalties [...]
JULY 2011 – NEW GUIDANCE ON PPACA CLAIMS PROCEDURES
In June 2011, federal regulators issued new guidance on PPACA's internal claims and external review procedures for non-grandfathered group health plans and insurers. The guidance includes an amendment to the interim final regulations issued last year, Department of Labor ("DOL") Technical Release 2011-02, Department of Health & Human Services ("HHS") Technical Guidance, and revised model notices of claims determinations. The remaining guidance is available at: http://www.dol.gov/ebsa. Background. The 2010 regulations require plans and [...]
JULY 2011 – RECENT LEGAL DEVELOPMENTS IMPACTING EMPLOYEE BENEFIT PLANS
The first half of 2011 has seen a number of new legal developments impacting employee benefit plans. The DOL, IRS and HHS continue to issue guidance under the Patient Protection and Affordable Care Act (PPACA), more commonly known as the Health Care Reform law, and cases challenging the constitutionality of PPACA continue to work their way through the court system. On the retirement plan side, there have been some developments regarding service [...]
APRIL 2011 – RECENT GUIDANCE ON THE PATIENT PROTECTION AND AFFORDABLE CARE ACT
The first part of 2011 has seen a number of new developments related to the Patient Protection and Affordable Care Act (PPACA), more commonly known as the Health Care Reform law. These include guidance from the IRS on PPACA's W-2 reporting requirement for the cost of heath care coverage; new interpretive statements from the IRS, DOL, and HHS; and legislative repeal of PPACA's free choice voucher program. This Bulletin provides an overview [...]
DECEMBER 2010 – EEOC ISSUES FINAL GINA REGULATIONS IMPACTING WELLNESS PROGRAMS
Last month, the Equal Employment Opportunity Commission (EEOC) issued final regulations under Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). The regulations are effective January 10, 2011, and impact both employment practices and wellness programs - particularly those that include a health risk assessment (HRA). The new Title II regulations are consistent with, but not identical to, regulations issued under Title I last year. As a practical matter, employers [...]
2010 – YEAR END UPDATE
2010 will be remembered by benefits professionals as a year dominated by Health Care Reform. Health Care Reform aside, there were other significant developments in benefits law. And as always we must tell you that this is not a complete list, and you should contact us for advice specific to your benefit programs. Retirement Plans 1. The DOL issued three sets of disclosure regulations in 2010: disclosures Plans must ask service providers to make [...]
APRIL 2010 – HEALTH CARE REFORM LEGISLATION AFFECTING MULTIEMPLOYER PLANS
At the end of last month, President Obama signed into law sweeping health care reform legislation affecting multiemployer and single-employer health plans and sponsors, health insurance issuers, and individuals in myriad ways. The legislation consists of two separate acts: The Patient Protection and Affordable Care Act ("PPACA"), signed into law on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010 ("HCERA"), enacted on March 30, 2010. This Bulletin [...]
APRIL 2010 – HEALTH CARE REFORM – HIGHLIGHTS OF KEY CHANGES AND EFFECTIVE DATES FOR MULTIEMPLOYER PLANS
Changes Affecting All Existing Health Plans, Including Multiemployer Plans* Effective Immediately: Health care coverage for an employee's child through year of 26th birthday is now tax free even if not a dependent (i.e., no "imputed income" to employee) Federal subsidy for certain pre-Medicare early retiree claims, covering 80% of individual claims incurred between $15,000 and $90,000 during a year; all payments must be used to lower participant costs - e.g., reductions in premiums or [...]
APRIL 2010 – HEALTH CARE REFORM – HIGHLIGHTS OF KEY CHANGES AND EFFECTIVE DATES
Changes Affecting All Health Plans (Including Grandfathered Plans) * Effective Immediately: · Health care coverage for an employee's child through year of 26th birthday is now tax free even if not a dependent (i.e., no "imputed income" to employee) Effective for Plan Years Beginning after 9/22/10: · Lifetime limits prohibited · Annual limits for "essential health benefits" subject to restrictions · Must continue coverage for children until age 26, but only if [...]