ACC

Can a third party service provider file a claim with the DOL for underpayment for services when the plan prohibits assignment except to the extent of payment (e.g., anti-assignment against all other rights but to receive payments)? Can they proceed with a claim when the TPA is alleging that the provider failed to provide adequate information? Any suggestions on where I can look to find more information on third parties and DOL enforcement activity on underpayment claims? Thanks in advance.

If an employer uses the arrears method for collecting an employee's obligations for H&W benefits while they are on unpaid LOA and the employer elects to forgive the balance in lieu of collecting the balance is there any way to do that and avoid having to impute income to the employee? If the employee owes a balance and instead of collecting the balance the employer would like to forgive the amount do we have to include the forgiven amount as imputed income on the employee's W-2? Thanks.

If a company realizes that it overpaid its portion of H&W premium per pay period for all of 2017 which resulted in an employee 1) not to have their portion deducted pre-tax (since ER credit was enough) and 2) to have additional taxable income can the ER create a payment plan to recover the overpayment in 2018 (per pay period)? ACA considerations (e.g., affordability of coverage in 2018 because paying for benefits of 2017 in new year)? Any thoughts are appreciated. Thanks.

Thanks!

Is there any prohibition on asking for an employee's or their dependent's gender when enrolling them in group benefit plans similar to the prohibitions on asking for gender on job applications? I understand that you cannot deny benefits because of gender but are you allowed to even request that information or have your TPA request that information to administer benefits or is it prohibited? Any assistance it helpful. Thanks.