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[Guidance Overview]
IRS Health Care Tax Tip 2016-26: Filing Health Coverage Information Returns
"The first information reporting returns are due in 2016 for coverage in 2015. Coverage providers -- other than self-insured applicable large employers -- file Form 1095-B, Health Coverage. Applicable large employers file Form 1095-C, Employer-Provided Health Insurance Offer and Coverage. If you file either of these forms with the IRS, you must also file the associated transmittal form. Use Form 1094-B, Transmittal of Health Coverage Information Returns, or Form 1094-C, Transmittal of Employer-Provided Health Insurance Offer and Coverage Information Returns."
(Internal Revenue Service [IRS])
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[Guidance Overview]
OCR Publishes New HIPAA Guidance For Health App Developers
"[T]he Health App Guidance sets forth various factual scenarios involving mobile health apps and whether OCR believes that HIPAA would apply to the app developer in each scenario. While the Health App Guidance is consistent with previous general guidance from OCR on HIPAA business associate relationships, it does provide helpful clarity regarding the application of those rules to mobile apps."
(Morgan Lewis)
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Can't Afford the Cost of That Fancy New Drug? MIT Says Get a Loan
"Not unlike the way most people buy a house, a health care loan would turn a large upfront medical bill into a series of manageable periodic payments.... Using a process called securitization would provide revenue to drug innovators while providing cash flow to investors -- who buy the loans at a discount.... If individuals were forced to pay for advanced therapies, they would demand more proof they work before coughing up the funds."
(National Center for Policy Analysis Health Policy Blog)
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ACA Reporting: The Final Stretch
"[T]he IRS extended the 2015 deadlines to provide health coverage providers and applicable large employers more time to prepare for the burdensome requirements under Code Sections 6055 and 6056. The applicable forms must now be distributed to employees and covered individuals by March 31, 2016 and must be filed with the IRS by May 31, 2016 (if filing paper copies) or June 30, 2016 (if filing electronically).... A 'good faith compliance' standard will be applied to forms prepared in connection with the 2015 filing season."
(Proskauer's ERISA Practice Center)
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Supreme Court Sides with Insurer, Against Vermont in Data-Sharing Case
"Steve Wojcik, vice president for public policy with the National Business Group on Health ... said it's a particularly important decision for employers that operate in multiple states that might otherwise have to comply with a conflicting patchwork of state laws and requirements.... But Alfred Gobeille, chair of the Green Mountain Care Board and the official petitioner in the case, said ... the decision won't necessarily stop states from continuing to seek the data from insurers for their databases.... Gobeille said the question now is whether Vermont and the other states with all-payer databases can work together to seek a remedy from the Secretary of Labor. He acknowledged that getting such a remedy might not be easy or fast, but the justices seem to be saying it's possible." [Gobeille v. Liberty Mutual Ins. Co., No. 14-181 (U.S. Mar. 1, 2016)]
(Modern Healthcare Online; free registration required)
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[Opinion]
Supreme Court Decision Is a Blow to Health Care Transparency
"The U.S. Supreme Court dealt a blow [on March 1] to nascent efforts to track the quality and cost of health care, ruling that a 1974 law precludes states from requiring that every health care claim involving their residents be submitted to a massive database. The arguments were arcane, but the effect is clear: We're a long way off from having a true picture of the country's health care spending, especially differences in the way hospitals treat patients and doctors practice medicine." [Gobeille v. Liberty Mutual Ins. Co., No. 14-181 (U.S. Mar. 1, 2016)]
(ProPublica)
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Executive Compensation and Nonqualified Plans
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Tax Consequences of Compensation Clawback
"[D]epending on the facts and circumstances, an executive may be better off seeking relief under the 'claim of right' doctrine under Code Section 1341. Under this doctrine, a taxpayer is entitled to either (i) a deduction from income in the year of repayment equal to the gross amount repaid, or (ii) a refundable credit in the year of repayment for any additional tax liability incurred by the taxpayer as a result of including the payment in gross income in the prior year, in either case, without being subject to either the 2% floor or the AMT."
(Tax Talks: The Proskauer Tax Blog)
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BenefitsLink.com, Inc.
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Lois Baker, J.D., President
David Rhett Baker, J.D., Editor and Publisher
Holly Horton, Business Manager
BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2016 BenefitsLink.com, Inc. All materials
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