Health & Welfare Plans Newsletter

April 28, 2015

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Employee Benefits Jobs

Benefits Associate
Ogletree Deakins
in OR

401(k)/Pension Administrator
Alliance Pension Consultants, LLC
in IL

Plan Document Review Specialist
Benefit Plans Administrative Services, BPAS
in PA

Transition Manager
Transamerica
in NY

DC Retirement Plan Administrator
Pension Plan Administration, LLC
in AR

Account Manager
The Newport Group
in NC

Plan Specialist
Transamerica
in NY

Enrolled Actuary
Ascensus
in FL

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Webcasts and Conferences

Overview of Laws Regulating Wellness Programs Including the Recently Issued Proposed EEOC Regulations!
May 7, 2015 WEBCAST
(Trucker Huss)

Plan Corrections [2015] - A Three-Part Program
May 15, 2015 WEBCAST
(SunGard Relius)

2015 Spring Seminar
May 15, 2015 in UT
(Western Pension & Benefits Council - Salt Lake City Chapter)

PPA Pre-approved Plan Workshop (Corbel and PPD) - Charlotte
May 27, 2015 in NC
(SunGard Relius)

2015 HIPAA Changes
June 16, 2015 WEBCAST
(MentorHealth)

View All Webcasts and Conferences



[Official Guidance]

Text of CMS Information Letter: EDGE Data Submission Grace Period (PDF)
April 27, 2015. "In order to permit issuers to complete the loading and testing of the required data to the issuers' EDGE servers, CMS is providing a grace period for issuers to submit and update EDGE server data for the 2014 benefit year financial transfers through Friday, May 15, 2015, 4:00 p.m. EDT. During the grace period, issuers may submit data that was not accepted by April 30, and correct data that has already been accepted on the EDGE servers. This grace period will not delay CMS's transmission of risk adjustment and reinsurance results to issuers by June 30, 2015." (Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS])  


[Advert.]

Prevention and Well-Being Congress - May 5-6 - San Diego

Sponsored by World Congress

Challenge the way you think about wellness and reposition your program. Understand the role of employer and employee accountability, comply with new incentives rules and integrate technology customized to impact your workforce.



[Official Guidance]

Text of Draft IRS Publication 5165: Guide for Electronically Filing ACA Information Returns for Software Developers and Transmitters (PDF)
Dated April 2015; labeled as "Version 1." Excerpt: "[This publication] outlines the communication procedures, transmission formats, business rules and validation procedures for returns transmitted electronically through the [ACA Information returns (AIR)] system. To develop software for use with the AIR system, Software Developers, Transmitters, and Issuers should use the guidelines provided in this publication along with the Extensible Markup Language (XML) Schemas published on IRS.gov. The procedures in this publication should be used when the following information returns are transmitted electronically: [1] Form 1094-B, Transmittal of Health Coverage Information Returns; [2] Form 1095-B, Health Coverage; [3] Form 1094-C, Transmittal of Employer-Provided Health Insurance Offer and Coverage Information Returns; [4] Form 1095-C, Employer-Provided Health Insurance Offer and Coverage." [Webinar with Live Q&A to be held April 30.] (Internal Revenue Service [IRS])  

[Guidance Overview]

EEOC Releases Proposed Rule on Wellness Programs (PDF)
7 pages. "The Proposed Rule reflects the EEOC's stated intent and efforts in interpreting the ADA in a manner that reflects both the ADA's goal of limiting employer access to medical information and HIPAA's provisions permitting nondiscriminatory wellness programs.... This [article] first provides background regarding the ADA and HIPAA as they apply to wellness programs. It then addresses the substantive provisions of the Proposed Rule. Finally, it addresses what will happen now that the Proposed Rule has been issued." (Groom Law Group)  

Recent Federal Court Rulings on COBRA Notification Requirements
Article provides a summary of four recent federal court decisions addressing: [1] whether a reduction in hours worked was a qualifying event entitling a participant to COBRA coverage [Green v. Baltimore City Board of School Commissioners (D. Md.) vacated on other grounds]; [2] whether a same-sex spouse had standing to assert a claim even though he was never a beneficiary under his spouse's group health plan [Sacchi v. Luciani (D.N.J.)]; [3] whether COBRA penalties for failure to provide the COBRA notice should be imposed on the plan sponsor where the participant mistakenly received free coverage [Cole v. Trinity Health Corp. (8th Cir.)]; and [4] a COBRA class action settlement with a record settlement of $1 million for failing to provide COBRA notices [Slipchenko v. Brunel Energy (S.D. Tex.)]. (Weil Gotshal & Manges LLP)  

COBRA Considerations When Medicare-Eligible
"With rare exceptions, COBRA coverage is secondary to Medicare Parts A and B. That means that Medicare Parts A and B cover 80% of costs, leaving 20% for COBRA.... [W]hen Medicare-eligible individuals do not have Medicare Parts A or B, they are left to pay 80% of their costs out of their own pocket." (Investment News)  


[Advert.]

Join us at the 2015 IHC FORUM & Expo in Atlanta June 23-25

Sponsored by Institute for Healthcare Consumerism [IHC]

6th Annual IHC FORUM & Expo Atlanta: part of the ONLY conference series 100% dedicated to HealthCare Consumerism. Employers and brokers gather under ONE roof to LEARN, CONNECT & SHARE! Promo code BENEFITSLINKVIP for FREE REGISTRATION – Expires 4/30/2015.



Most Employers Unprepared for ACA Reporting
"Only 10% of 480 employers surveyed ... indicated that they already have an in-house or outsourced solution in place to track benefits eligibility of their full-time employees and submit annual reports to the [IRS] to document their group plans' compliance with the [ACA]. The first reports are due in early 2016 for employers with at least 100 employees, but employers' reports must contain month-by-month data for each employee." (Business Insurance; free registration required)  

Massachusetts Earned Sick Leave Law Update: Proposed Regs Released by Attorney General's Office
"Proposed regulations to the voter-approved Massachusetts Earned Sick Leave Law, which takes effect July 1, 2015, were released by the Massachusetts Attorney General's Office on April 24th.... The proposal covers accrual rates, carry-over, and the relationship between sick and other types of leave, among other things." (Jackson Lewis P.C.)  

Two-Thirds of Obamacare Customers Had to Pay Back Subsidy Amount to IRS
"They repaid $729 on average, cutting the average refund by about a third.... H&R Block said two-thirds of its filers were overpaid, but a quarter actually overestimated their earnings in 2014 and got more money back from the IRS on their taxes -- tacking on an average of $425 to their refunds. The tax-preparation company said 13 percent of filers got their income estimates spot on." (Washington Times)  

Health Insurers Could Take $180 Million from Concussed Ex-NFL Players
"Nearly a fifth of the National Football League settlement approved this week compensating former players with head injuries could go to their health insurers instead. As a result of federal laws and court rulings enabling insurers to recover costs of medical treatment for injuries, Medicare, Medicaid, and private insurers will be reimbursed before players receive any money. Their share will reduce the value of a deal already criticized by some ex-players' lawyers as inadequate." (LifeHealthPro)  

Benefits in General; Executive Compensation

[Official Guidance]

Text of IRS Publication 947: Practice Before the IRS and Power of Attorney (PDF)
20 pages; April 2015. "What's News: [1] IRS no longer recognizes the registered tax return preparer designation.... [2] Form 2848 now provides space for the information and signatures of up to four representatives.... [3] Revisions to Circular 230... [4] The IRS has developed an online searchable database of tax return preparers who participate in the Annual Filing Season Program." (Internal Revenue Service [IRS])  

Assessing Your Say-on-Pay Vote
"Over 70 percent of banks last proxy season received a favorable shareholder vote on their programs of 90 percent or more, so any result below that level suggests potential concerns.... Typically, salary increases and equity awards are made in the first quarter of the year, but shareholders will be evaluating those decisions through the lens of performance through the end of the year. This can at times lead to an unfortunate disconnect." (Meridian Compensation Partners, LLC)  

Press Releases

IMCA Unveils New Applied Behavioral Finance Course
Investment Management Consultants Association [IMCA]

Sharon Howay Earns QKA Designation and is Promoted
Retirement Management Services, LLC

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