Health & Welfare Plans Newsletter

May 26, 2015

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Employee Benefits Jobs


Webcasts and Conferences

Tibble v. Edison International: What It Means for Plan Fiduciaries
May 27, 2015 WEBCAST
(Mayer Brown)

Safe Harbor 401(k) - Minneapolis
June 17, 2015 in MN
(SunGard Relius)

Advanced Cross-Tested Plans: Adding More Tools - Minneapolis
June 18, 2015 in MN
(SunGard Relius)

Voluntary Fiduciary Correction Program Workshop
July 29, 2015 in CA
(Employee Benefits Security Administration [EBSA], U.S. Department of Labor)

View All Webcasts and Conferences



[Guidance Overview]

ACA Information Returns (AIR) Working Group Meeting: Overview of Draft Publication 5164 (May 28, 2015) (PDF)
45 presentation slides. "This session will focus on the TCC application process and Publication 5154 overview.... If you file 250 or more of any of the following ACA Information Returns, you are required to file them electronically through the AIR System: [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. To file electronically, you must submit the ACA Application for Transmitter Control Code (TCC)." (Internal Revenue Service [IRS])  


[Advert.]

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[Guidance Overview]

IRS Provides Further Guidance on Reporting Employer Health Coverage Information on Forms 1094 and 1095
"The forms are used by the IRS to enforce Code section 4980H employer penalties, as well as individual mandate and tax credit eligibility rules. The latest guidance consists of an updated Q&A document covering basic reporting requirements and a new Q&A document addressing more specific issues that may arise while completing Forms 1094 and 1095." (Thomson Reuters / EBIA)  

[Guidance Overview]

Employers: Are You Ready to Report Offers of Health Insurance?
"[A]pplicable large employers should be thinking about ... If the employer contributes to a multiemployer plan on behalf of some or all of its employees, has it coordinated reporting and information exchanges with the multiemployer plan administrator? ... How does an employer ensure compliance with COBRA when it is using the look back method to determine full-time employee status?... Does the employer have an administrative process in place to ensure that it promptly responds to exchange notices indicating that employees have claimed eligibility for exchange subsidies?... Employers sponsoring self-insured plans generally have to transmit to the IRS the Social Security numbers of spouses and dependents of employees covered under the plan. Is the employer able to comply with this requirement?" (Jackson Lewis P.C.)  

IRS Provides Resources for Electronic Filing of Form 1094/95 Information Returns
"With the mandatory filing deadline fast approaching and many reporting entities being required to file electronically, employers, coverage providers (such as insurers and multiemployer plans), and their advisors will need to follow developments carefully to ensure that they are prepared for compliance. While it is encouraging to see an emphasis here on correcting mistakes (since glitches are bound to arise in the first reporting period), many details still need to be worked out -- exemplified by the IRS's decision to waive the electronic signatures for this year's voluntary filings." (Thomson Reuters / EBIA)  

'Embedded' Out-of-Pocket Limits Might Be Required for 2016 Plan Years
"The interpretation appeared only in the preamble to the regulatory changes made by the Notice, and did not appear as an actual change to HHS' regulations. HHS stated in the preamble that the interpretation is a 'clarification' of existing rules. HHS later issued FAQs clarifying that the interpretation would apply to plan years starting in 2016. Aside from arguments about whether statements made in a preamble are binding on anyone, many would argue that HHS does not have authority to implement this provision with respect to employer plans." (Lockton)  

Chronic Care Management Programs Have Become Standard for Health Plans
"[T]he study found that all plans, regardless of size, location, and ownership, offer programs to support members with chronic conditions. Plans typically identify those members based on claims and laboratory data, and then match them to appropriate interventions and resources based on need and risk. While internal evaluations suggest that these programs improve care and reduce cost, plans report difficulties in engaging members and providers, leading to the programs being underutilized." (RAND Corporation)  

GAO Report: Medicare Results from the First Two Years of the Pioneer Accountable Care Organization Model
"GAO was asked to review the results of the Pioneer ACO Model and CMS's oversight of the ACOs. In this report GAO [1] describes the financial and quality results for the first two years of the model and [2] examines how CMS oversees and evaluates the model.... GAO analyzed ACOs' expenditures, spending benchmarks, the amount of shared savings and losses, and payment amounts for shared savings or losses. GAO also reviewed relevant laws, regulations, and documents describing CMS's oversight and evaluation role and interviewed CMS officials about the agency's oversight and evaluation activities." (U.S. Government Accountability Office [GAO])  

The Rise of Healthcare Provider-Sponsored Health Insurance
"With the ACA's mandate to control healthcare costs, increasingly high deductibles and growing enrollment in ACA exchange plans, Medicaid managed care and Medicare Advantage, the insurance market is beckoning health systems. They might be able to offer a strong value proposition -- lower premiums, easier access, expanded primary care and more affordable medical bills.... Given the shift of healthcare resources to primary and preventive care, there are real, long-standing problems with the health insurance model that could be solved uniquely when the payer is owned by the provider business getting paid." (Healthcare Payer News)  

D.C. Court of Appeals Won't Rehear Challenge to Contraceptive Coverage Accommodation
"The plaintiffs objected to [the HHS accommodation], as they believe it makes them complicit in the provision of contraceptive coverage ... The dissenters would have held that the government must accept this belief, and that its failure to do so substantially burdens the religious beliefs of these organizations. The concurring judges ... asserted that this is not a question of religious belief, but rather a legal question as to how the law operates." [Priests for Life v. HHS, No. 13-5368 (D.C. Cir. May 20, 2015)] (Timothy Jost, in Health Affairs)  

Four Words That Imperil Health Care Law Were All a Mistake, Writers Now Say
"How those words became the most contentious part of President Obama's signature domestic accomplishment has been a mystery.... The answer, from interviews with more than two dozen Democrats and Republicans involved in writing the law, is that the words were a product of shifting politics and a sloppy merging of different versions. Some described the words as 'inadvertent,' 'inartful' or 'a drafting error.' But none supported the contention of the plaintiffs, who are from Virginia." (The New York Times; subscription may be required)  

CareFirst Is Latest Insurer to Suffer Major Cyberattack
"Information on about 1.1 million individuals was affected by the breach, which CareFirst discovered during an information technology security review conducted in the wake of the attacks on Anthem and Premera. In June 2014, according to CareFirst, hackers gained access to a single database where CareFirst stores data that is entered by members and other individuals in order to access the company's websites and online services." (Thompson SmartHR Manager)  

Benefits in General; Executive Compensation

Six Key Activities CFOs and CHROs Should Perform Together to Optimize Employee Benefit Programs
"Advanced Strategic Planning ... Collaborate to align HR and finance metrics with company objectives... Evaluate outsourced partnerships... Utilize technology to drive efficiencies... Measure... Educate and Value." (Grooms Benefit Solutions)  

Are Top Hat Plans Entitled to a Discretionary Standard of Review?
"A recent First Circuit Court of Appeals decision held that the abuse of discretion standard would apply to a top hat plan that incorporated the standard into its plan documents.... The plan gave discretion to the company to decide the claim and the court upheld the company's decision that the executive had voluntarily retired and therefore was not entitled to severance benefits under the plan." [Niebauer v. Crane & Co., No. 14-2059 (1st Cir. Apr. 21, 2015)] (Stinson Leonard Street)  

Press Releases

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