Health & Welfare Plans Newsletter

July 28, 2015

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Employee Benefits Jobs

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

Retirement Plan Administrator
Katz, Sapper & Miller
in IN

Retirement Advisory Channel Manager
ePlan
in CO

Employee Benefits (ERISA) Associate Attorney
Stinson Leonard Street LLP
in MO

Schwab Retirement Technologies (SRT) Specialist
NestEggs Retirement Plan Services, Inc.
in FL

DC Retirement Plan Administrator
Pen-Cal Administrators, Inc.
in CA

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Webcasts and Conferences

Best Practices in Employer Smoking Cessation Programs
August 19, 2015 WEBCAST
(Midwest Business Group on Health)

Is an ESOP Right for You? An In-Depth Look at Employee Ownership Plans
September 16, 2015 in CA
(National Center for Employee Ownership [NCEO])

Get the Most Out of Your ESOP: An ESOP Communication and Culture Forum
September 28, 2015 in MD
(National Center for Employee Ownership [NCEO])

View All Webcasts and Conferences


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[Guidance Overview]

IRS Web Page Describes Testing and Filing Requirements for ACA Information Returns (AIR) Program
"Each Software Developer, Transmitter and Issuer/Payer (Submitter) must complete the ACA Information Return Transmitter Control Code (TCC) Application and receive a TCC in the mail prior to electronically filing Affordable Care Act Information Return (AIR) Forms 1094-B, 1094-C, 1095-B and 1095-C. If a Software Developer plans to transmit submissions, they must apply for a TCC as both a Software Developer and Transmitter. AIR forms can be transmitted to IRS using either the Application to Application (A2A) channel or the ACA Web Browser User Interface (UI) channel in Extensible Markup Language (XML) format. An A2A Transmitter must complete the Automated Enrollment Process to obtain a certificate prior to transmitting returns to IRS." (Internal Revenue Service [IRS])  


[Advert.]

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[Guidance Overview]

ACA Reporting: New Forms, Higher Penalties and Other Guidance
"Despite releasing 'final' forms and instructions in February 2015, the IRS released new draft forms in June 2015. The changes were, for the most part, minimal.... [T]he Trade Preferences Extension Act of 2015... increased the statutory penalties for failing to file information reporting forms with the IRS or failing to provide copies of these forms to employees. The ACA reporting forms are subject to these penalties.... When an offer of COBRA coverage is made to a former employee as the result of a termination from employment, the employer should indicate on Form 1095-C that an offer of coverage was made only if the former employee actually elects to enroll in the coverage.... However, when an offer of COBRA coverage is made to an employee due to a reduction in hours, the employer should indicate on Form 1095-C that an offer of coverage was made whether or not the employee elects to enroll in the coverage." (Proskauer's ERISA Practice Center)  

[Guidance Overview]

Health Insurer/Administrator's Claims and Appeals Deficiencies Could Trigger Significant Employer Excise Tax Liability
"While most employers that sponsor group health plans historically have assumed that the insurers or other health plan vendors hired to administer their programs have designed and administer claims and appeals in compliance with these mandates, the processes and notices of many health plan insurers and self-insured plan claims and appeals vendors typically fall far short of meeting the requirements of even the pre-existing ERISA claims and appeals requirements as implemented by [DOL] Regulations since 2001, much less the additional independent review and other ACA claims and appeals requirements." (Solutions Law Press)  

Implementing a Medical Home Model at the Worksite: Measuring the Cost and Use of Health Services
" 'Casual users' of an on-site medical home had the highest claims costs and use of outside healthcare services. While 'major users' of the on-site medical home had higher use of on-site services, they had lower claims costs than the other groups for outpatient claims. Use of on-site medical homes is associated with decreased total use of outpatient care including preventive care services.... While many employers offer health promotion programs of various intensity and scope, we use the term 'workplace medical home' to denote a set of more comprehensive primary care services at the worksite, offering acute care and chronic disease management in addition to clinical preventive services provided by nurse practitioners and physicians." (American Journal of Managed Care)  

What Communications Do Employees Value Most When Selecting Their Benefits?
" 'Not surprisingly, more than 8 in 10 employees focus on the cost information,' said Kim Landry, insurance research analyst at LIMRA. 'In addition, 72 percent of employees will look at a detailed benefit plan description when one is available.' In terms of how they want to learn about benefit options, employees are most likely to use printed materials at work (83 percent) or home (76 percent). Accessing the information online (70 percent) and by email (61 percent) were used slightly less often." (LIMRA)  

How Congress Can Prevent Big Health Care Cost Increases for Small Business
"Next year, the ACA will define employers with 51 to 100 workers as 'small businesses' for purposes of buying health coverage. Historically, these firms have been included in the large-group market.... Sixty-four percent of those in the newly redefined small-group market would see an 18 percent premium increase, on average. Some employers could easily see premiums jump 35 percent or more.... The Protecting Affordable Coverage for Employees Act (PACE Act), sponsored by Rep. Tony Cardenas (D-Calif.), would leave the definition of small employer up to the states." (U.S. Chamber of Commerce)  

Supreme Court Decision on Same-Sex Marriage: Impact on Benefit Plans
"[P]lan documents, summary plan descriptions (SPDs), administrative processes and enrollment systems should be updated to reflect the Supreme Court's recent decision, which affects COBRA, the Family Medical Leave Act (FMLA) and the Health Insurance Portability and Accountability Act (HIPAA), as well as the treatment of health reimbursement accounts (HRAs), health savings accounts (HSAs) and flexible spending accounts (FSAs). Cafeteria plans must be updated to allow pretax contributions and apply the same midyear status change rules for all legally married couples.... Although employers are not legally required to cover spouses under their group health plans, covering opposite-sex spouses but not same-sex spouses could be considered discriminatory." (Towers Watson)  

All Eyes on Regulators: How Will They Respond to Massive Health Insurer Mergers?
"Industry groups such as the American Hospital Association ... indicated they wanted regulators to heavily scrutinize the [Aetna-Humana] deal's impact on providers and consumers ... Multiple state officials also have indicated they intend to review the deal's effect on competition, and now that [the Anthem-Cigna agreement means] there are two deals in the works, federal regulators are likely to consider the effects of both mergers together." (FierceHealthPayer)  

Who's Right on Health Care Cost Projections?
"Both the trustees and the CBO assume that the growth both of public and private health spending will slow over time, as the incremental benefit from additional health care becomes less valuable. Where they differ is in what is assumed about Medicare spending growth relative to growth other health spending. The trustees assume that per capita Medicare spending will rise more slowly than other health spending; CBO assumes that Medicare spending will rise more rapidly." (The Brookings Institution)  

Average Rise in Insurance Premiums Seen at 4% in California
"Health insurance rates will rise next year by an average of just 4 percent in California, one of the few states that actively negotiates prices ... In other states, insurers, including Blue Cross and Blue Shield, have requested rate increases of 10 percent to 40 percent or more.... More than 1.3 million people have coverage through the California exchange. They account for 13 percent of the 10.2 million people enrolled in private health plans through federal and state marketplaces [nationwide]." (The New York Times; subscription may be required)  

Benefits in General; Executive Compensation

Rethinking Responsibility and Strategy for Employee Benefits: Third Annual Workplace Benefits Study (PDF)
64 pages. "[E]mployees continue to value and rely on the benefits their employer offers. The average Benefits Value Index (BVI) score is 7.1, consistent with last year and up from 6.8 when the Index was established in 2013. Employees believe their benefits positively impact their financial security, and they feel they need help. Only 3 in 10 workers feel financially secure and this study shows what little security they feel hinges -- to a large degree -- on the insurance and savings benefits they receive at the workplace. Given their reliance on workplace benefits for overall financial preparedness, it's not surprising employees believe that employers have a responsibility to offer core insurance and retirement benefits to workers. Without those benefits, most say they would face financial hardship." (Guardian)  

Restricted Stock and Section 83(b) Elections: IRS Proposes Change to Filing the Election with Your Tax Return
"[T]he proposal seeks to end the requirement to file a copy of a Section 83(b) election with your tax return. This relaxation of the rules is expected to take effect for grants made on or after January 1, 2016. From that time onward, the IRS will simply scan and save a copy of your original election instead of requiring a second submission with your tax return. In addition to Section 83(b) elections for restricted stock, this rule change will also apply to 83(b) elections filed for early-exercise stock options." (myStockOptions.com)  

Press Releases

TRA Hires Northeastern Regional Sales Consultant
The Retirement Advantage [TRA]

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