Account Manager
ASPire Financial Services LLC
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The Retirement Plan Company, LLC
in ANY STATE, OH, SC, TN

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ASPire Financial Services LLC
in TX

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United Retirement Plan Consultants
in WA

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Actuarial Consulting Services
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What the New Healthcare Law Means for Your Small Business
July 3, 2014 WEBCAST
(Small Business Majority)

Private Exchanges: Build Your Technology Foundation
July 17, 2014 WEBCAST
(Benefitfocus)

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International Foundation of Employee Benefit Plans [IFEBP]

[Guidance Overview]

Final Rule Clarifies Application of 30-Day Maximum for Orientation Periods
"Although a plan may impose substantive eligibility criteria (i.e., being in an eligible job classification, achieving job-related licensure requirements specified in the plan, or satisfying a reasonable and bona fide employment-based orientation period), it may not impose conditions that are mere subterfuges for the passage of time.... After an individual is determined to be otherwise eligible to enroll (i.e., has satisfied the plan's substantive eligibility conditions), the plan cannot apply any waiting period that exceeds 90 days. For purposes of calculating this 90-day period, all calendar days are counted beginning on the enrollment date, including weekends and holidays." (Benefits Bryan Cave)  

[Guidance Overview]

Final ACA Rule Permits One-Month Orientation Period
"[In] some cases the employer may not be able to utilize fully both the one-month orientation period and 90-day waiting period without potentially becoming subject to an assessable payment under Code section 4980H, if those periods would cause the employer to not offer coverage by the first day of the fourth full calendar month of employment.... The departments anticipate that the cost impact of the rules will be limited as it is anticipated that the inclusion of an orientation period will not result in most employees facing a full additional month between being hired and obtaining coverage." (HighRoads)  

[Guidance Overview]

The Section 4980H Assessable Payment for Large Employers
"Employers near the threshold of 50 full-time and full-time-equivalent employees (FTEs) or with a high proportion of seasonal workers should be taking measures now to record employees' daily hours of service and other data relevant to the Sec. 4980H assessable payment for large employers regarding minimum essential health coverage.... An employer could be liable for the penalty either by not offering coverage to its full-time employees or if any of those employees obtain coverage through a health care exchange for which they are allowed a premium tax credit." (Journal of Accountancy)  

[Guidance Overview]

State Restrictions on Health Reform Assisters May Violate Federal Law
"[T]he regulations describe several types of state restrictions that, because they prevent assisters from complying with their federal responsibilities, are invalid.... [The authors'] analysis of the new rules reveals that portions of laws and regulations in at least 15 states may impermissibly restrict consumer assisters ... in states with restrictions that fall squarely within one of the categories described by the federal regulations, assisters now have a potentially decisive basis on which to argue, to a court, that those limitations should be struck down." (The Commonwealth Fund)  

[Guidance Overview]

City of Newark Provides Guidance on Paid Sick Leave Ordinance
"Employers should consider the following issues: [1] Is the ordinance's requirement that an employee receive a written notice satisfied by simply distributing the poster ('Frequently Asked Questions') to employees? ... [2] Does the 'Frequently Asked Questions' satisfy the ordinance's posting requirements? ... [3] Does the ordinance require employers to include a policy in a handbook?" (Jackson Lewis P.C.)  

For nearly 20 years, we've helped employers find the best-informed candidates to fill their benefits job openings -- ask us how!

Insurer's Recovery Rights Were Rooted in ERISA Documents Despite Plan Administrator's Contrary Instruction
"An insurer won recovery of health expenses paid from a member's $255,000 settlement ... in spite of an affidavit from the company plan administrator saying the insurer was not authorized to collect the funds from the member's settlement proceeds.... [A] federal court enforced the subrogation claim after determining that the insurer was a plan fiduciary with standing to sue, and that plan language authorized the insurer to assert a lien over the proceeds, again, in spite of a plan administrator testifying to the contrary." [Humana Health Plan, v. Nguyen, No. 13-1793 (S.D. Tex. May 2, 2014)] (Thompson SmartHR Manager)  

HIPAA/HITECH Business Associate Agreements: The Home Stretch
"[Business Associate Agreements] that were in place before January 25, 2013 need to be reviewed, renegotiated, and amended, if applicable, by September 22, 2014. The necessary amendments may include, but are not limited to, [1] extension of Security Rule and certain Privacy Rule requirements to Business Associates, [2] breach notification provisions, and [3] modified access to Protected Health Information, minimum necessary standard, and termination provisions." (Morgan Lewis)  

CMS Offers Insight Into Transitional Reinsurance Fee Payment Process
"CMS indicated that an on-line process will be available at www.pay.gov to offer a 'one-stop' resource for registration, submission of headcount and payment to CMS. Either the self-insured plan sponsor or the plan's TPA can complete the reinsurance contribution process, including payment, on behalf of the self-funded plan.... CMS has clearly indicated that TPAs are not required to coordinate the data collection, submission and payment on behalf of their customers." (Lockton)  

After a Lull, Health-Care Spending is Poised to Pick Up
"With employment returning to pre-recession levels, demand is now increasing. That boosts total spending and puts upward pressure on prices.... [T]he new health-care law is influencing the employer-based market on the fringes by encouraging hospital consolidation and usage of electronic medical records. In the short term, the expense of implanting those changes is adding costs into system, contributing to next year's projected spending gain." (Altarum Institute)  

Shifting the Open Enrollment Period for ACA Marketplaces Could Increase Enrollment and Improve Plan Choices
"The next open enrollment period for plans offered in the [ACA's] insurance Marketplaces is set to occur between November 15, 2014, and February 15, 2015 -- just when many lower-income people are financially stressed by demands of the holiday season.... A more opportune time for scheduling open enrollment for the ACA Marketplaces may be between February 15 and April 15 -- weeks when low-income people typically receive income tax refunds and Earned Income Tax Credit payments. Such lump-sum payments could be applied to pay individuals' share of premiums." (Health Affairs)  

Sick Are Drawn to New Coverage in Obamacare Plans
"Among those health-law marketplace enrollees who have seen a doctor or other health-care provider in the first quarter of this year, around 27% have significant health issues such as diabetes, psychiatric conditions, asthma, heart problems or cancer, the data show. That is sharply higher than the rate of 16% for last year's individual-consumer market over the same time frame ... It is also more than double the rate among people who held on to their existing individual policies; among those enrollees, the rate was 12%." (The Wall Street Journal; subscription may be required)  

City of Eugene Moving Ahead With Paid Sick Leave Ordinance
"Likely features of the draft ordinance include: Employees who perform work in Eugene, even if only periodically, will have the right to accrue and use sick leave regardless of where their employer is actually located. This will impose obligations and potential liability on businesses outside of Eugene. While unpaid leave may be mandated for small employers, paid sick leave will be required for all others.... Unlike Portland, the Eugene ordinance may exempt employers that have collectively bargained for sick leave....The effective date will be July 1, 2015." (Ogletree Deakins)  

Ten Things CPAs Should Know About the ACA
"[1] Insurance Markets: Individual, Small Group, Large Group, and Self-Insured ... [2] The Precious Metals of Health Insurance ... [3] Pricing and Benefits ... [4] Government-Sponsored Exchanges ... [5] Private Exchanges ... [6] Individual and Small Group Underwriting Changes ... [7] Self-Funded Plans ... [8] Working Around the Play-or-Pay Penalty ... [9] Employer Reporting ... 10. Limited Network Plans." (Journal of Accountancy)  

[Opinion]

Hobby Lobby Isn't the End: Four Other Anti-ACA Lawsuits to Watch
"Given that 'further ACA litigation' ranges from grievances filed by big corporations to a challenge from the actual Little Sisters of the Poor, here's a look at four of the most prominent lawsuits, and the central claim that each hangs on.... Halbig v. Burwell: Are the federal exchanges illegal? ... Hotze v. Burwell: Is the employer mandate illegal? ... Sissel v. HHS: Is the entire law illegal?... Coons v. Lew: Is the IPAB illegal?" (The Advisory Board Company)  

Same-Sex Couple Benefits: The DOMA Decision One Year Later
"Beyond the compliance mandates, more than half of surveyed employers are reporting a desire to be more inclusive of different types of families as part of their corporate culture.... The decision resulted in a 34% increase in same-sex benefits from last year, including: Health care, Life insurance beneficiary, Employee assistance plan services, Family/sick/bereavement leave, [and] Pension/retirement plan beneficiary." (Word on Benefits Blog, International Foundation of Employee Benefit Plans [IFEBP])  

IRS Begins 409A Audits
"The audits will focus on three issues: [1] Initial elections to defer compensation, including elections as to time and form of payment; [2] Subsequent deferral elections to re-defer compensation; and [3] Payments under 409A, including the six-month delay imposed on specified employees of public companies." (McKenna Long & Aldridge LLP)  

IRS Begins Section 409A Compliance Initiative
"The limited scope of this project means that the vast majority of employers will not be audited yet, but it well could be the first step toward the development of a broader compliance project. Many 409A issues can be corrected under the IRS's 409A corrections programs." (Ogletree Deakins)  

ESOP Association: Supreme Court Decision is a Disappointing Mish-Mash
ESOP Association

Cheiron states IRS Approval of Hybrid Pension Plan adopted by The New York Times is Favorable to Employers and Employees
Cheiron

Web Savvy Not Required for Self-Service Benefits Success, According to Spotlite Choice User Surveys
Spotlite

National Business Group on Health Honors Fidelity for Exemplary Wellness Programs for Employees
Fidelity Investments

Northwestern Mutual Agrees to sell Russell Investments to London Stock Exchange Group
Northwestern Mutual

bswift and GetInsured Announce Private Health Insurance Exchange Partnership
bswift

Wells Fargo Insurance Announces New Regional Leadership for Employee Benefits National Practice
Wells Fargo

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