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[Guidance Overview]
Technical Pitfalls Pervasive with Look Back Measurement Method Rules
"[T]he final regulations provide examples of look back measurement method time frames that do not conform to the rules for each date of the year.... [W]hile the specific example provided in the final regulations is compliant, an employer using the example's Initial Measurement Period could be penalized for hiring an employee on seven dates in the calendar year. This could subject the employer to a penalty under section 4980H for each full calendar month during the Initial Measurement Period and associated Administrative Period.... [T]he third example creates a similar issue[.]"
(Health Care Attorneys P.C.)
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[Guidance Overview]
IRS Tax Forum Presentation: Employer Shared Responsibility Provisions (PDF)
24 presentation slides. Topics include: [1] Applicable Large Employer (ALE) status; [2] Employer tax provisions for ALEs: employer shared responsibility provisions (Section 4980H) and information reporting (Section 6056); and [3] Employers that offer self-insured plans: information reporting (Section 6055).
(Internal Revenue Service [IRS])
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[Guidance Overview]
IRS Releases 2016 COLAs for Health FSAs, Sponsors Should Check Documents
"Sponsors and administrators of benefits with limits that are changing (e.g., adoption assistance plans) will need to determine whether their plans automatically apply the latest limits or must be amended (if desired) to recognize the changes. Any changes in limits should also be communicated to employees."
(Thomson Reuters / EBIA)
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[Guidance Overview]
HIPAA Double Take: What Health Plan Sponsors Need to Know Now (PDF)
"[W]ith the increased number of very public -- and costly -- data breaches involving protected health information (PHI) and increased enforcement power available to [HHS], it is important for plan sponsors to do a 'HIPAA double take' and make sure they are in compliance. This advisory provides a HIPAA refresher and considers lessons learned from recent settlements between HHS and covered entities after HIPAA investigations. [It concludes] by discussing how health plan sponsors can protect themselves in this regulatory environment that is increasingly fraught with risk."
(Alston & Bird LLP)
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Complying with HIPAA: A Checklist for Business Associates
"Like covered entities, business associates must now comply with HIPAA or face draconian penalties. As many businesses have recently learned, even seemingly minor or isolated security lapses may result in major fines and business costs. Fortunately, business associates may avoid mandatory fines and minimize their HIPAA exposure by taking and documenting the steps outlined above. Business associates may use this outline to evaluate and, where needed, upgrade their overall compliance."
(Holland & Hart LLP)
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Decision Steerage and Targeted Programs Improve Wellness Results
"Successful wellness programs make the unhealthy choice the harder choice and the healthy choice easier to opt for. People prefer a curated experience, and a large number of untargeted choices creates confusion ... Money incentives might help to achieve outcome or activity-based goals, but community support, communication through digital technologies, and encouragement from trusted leaders inside and outside of the employer were seen as more effective."
(Thompson SmartHR Manager)
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Cumulative and Updated List of Introduced or Enacted Bills to Repeal, Defund, Delay or Amend the ACA (PDF)
20 pages. "This report summarizes legislative actions taken to repeal, defund, delay, or otherwise amend the ACA since it was enacted. The information is presented in three tables. Table 1 summarizes the ACA changes that have been signed into law. Table 2 lists all the House-passed ACA bills. Table 3 details the ACA repeal provisions in the reconciliation bill." [Report No. R43289, dated Oct. 22, 2015.]
(Congressional Research Service [CRS])
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IRS Provides an 'Early Look' at Form 1094/1095 Electronic Filing for Tax Year 2015
"Additional test scenarios, including one involving a correction submission, have been added to the existing scenarios for software developers.... [Publication 5164] also clarifies some aspects of the communications test, which is the only test required of transmitters and issuers using approved software.... [T]he publication points out that there are some security-related signature requirements and that transmitters and issuers need a valid digital certificate."
(Thomson Reuters / EBIA)
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Oregon Becomes Fourth State to Enact Paid Sick Leave Law
"Oregon's new law also preempts local jurisdictions from passing their own paid sick leave laws. Thus, Eugene's paid sick leave law, which was scheduled to take effect January 1, 2016, will be formally repealed on that date. And although there has been no official word from Portland, the city's paid sick leave law, which is already in effect, is expected to be repealed as well. [A map] shows states, and states with localities, that have paid sick leave laws, as well as states that have enacted bans prohibiting local governments from enacting such laws."
(Towers Watson)
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Minneapolis Proposes Extensive Paid Sick Leave
"The earned sick time proposal would apply to any employer with at least one employee, unless a collective bargaining agreement is in effect. The proposal would require sick time accrual at a rate of one hour for every 30 hours worked.... A public hearing is currently scheduled for November 4, 2015 to discuss the proposal."
(Vorys, Sater, Seymour and Pease LLP)
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[Opinion]
Prudent Health Policy Means We Must Unite Behind the Divisive Cadillac Tax
"Compensation in the form of wages and salaries is subject to the income tax and the payroll tax. But compensation in the form of employer-provided health insurance is not subject to either.... This asymmetry tilts the playing field in favor of paying workers in insurance rather than in cash. As a result, people end up with insurance that is excessive and wages that are too low. The nation ends up spending too much on health care. The Cadillac tax helps level the playing field by curbing this subsidy for the most generous insurance plans, which do the most to drive up health costs."
(N. Gregory Mankiw and Lawrence H. Summers, in the New York Times; subscription may be required)
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