Health & Welfare Plans Newsletter

July 15, 2016

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Enrolled Actuary
Qualified Plans, LLC
in GA, Telecommute

Payroll Audit Manager
Sheet Metal Workers' National Pension Fund
in VA

New Business Facilitator
Alliance Benefit Group of Houston, Inc.
in TX

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Webcasts and Conferences

Retirement Plans in the Courtroom: What Plan Sponsors Need to Know
RECORDED
(Segal Consulting)

Nondiscrimination Rules for Closed Pension Plans
July 21, 2016 WEBCAST
(IRS [Internal Revenue Service])

Compensation Planning for Non-Profits and Governmental Entities Newly Issued Code Section 457(f)
July 27, 2016 WEBCAST
(Trucker Huss)

401(k) Beyond the Basics 05: Coverage Testing Issues
September 12, 2016 WEBCAST
(FIS Relius Education)

Form 5500: They want MORE!
September 14, 2016 WEBCAST
(FIS Relius Education)

Changes to Cafeteria Plans: What You Need to Know to Prepare
September 21, 2016 WEBCAST
(Lorman Education Services)

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[Guidance Overview]

Opt-Out Credits May Affect Pay-or-Play Affordability Calculation in 2017
"As of the first plan year beginning on or after January 1, 2017, the amount of the opt-out credit must be added to the employee-share of the cheapest plan option providing minimum value that is used to determine affordability.... [An] exception applies to an opt-out credit that meets the new IRS definition of an 'eligible opt-out arrangement.' ... [T]his eligible opt-out arrangement will apply only if the employee and family have coverage under another group major medical plan. Coverage under an individual policy (including through the exchange) does not qualify." (ABD Insurance & Financial Services)  


[Advert.]

ECFC's 29th Annual Administration Symposium Coming This August Sign Up Now!

Sponsored by ECFC [Employers Council on Flexible Compensation]

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[Guidance Overview]

IRS Proposed Rules on ACA and 2014 Expat Law Address Some But Not All Mysteries
"In order to be considered minimum essential coverage (MEC) ... individual coverage must either be obtained through a state exchange or must receive specific approval from HHS. Coverage provided directly by a foreign government and foreign individual insured coverage must also receive specific HHS approval.... To qualify under EHCAA, the expat plan must have an actuarial value of at least 60 percent (often referred to as minimum value under the ACA).... EHCAA allows the IRS tax forms (1095-B or 1095-C) to be supplied electronically to the enrollee (expat) without consent, unless the enrollee explicitly refuses electronic delivery." (Lockton)  

[Guidance Overview]

Final Wellness Program Regs Clarify Compliance Requirements (PDF)
42 presentation slides. Topics include: [1] Step-by-step review of the main compliance requirements for wellness programs following the recent final ADA and GINA regulations; [2] Prior HIPAA/ACA requirements that remain unchanged by the ADA/GINA rules; [3] How the structure of the wellness program (e.g., participatory vs. health-contingent) dramatically affects the rules that apply. (ABD Insurance & Financial Services)  

Ransomware in Healthcare
"The threat of ransomware is not going away. New viruses are being developed and deployed every single day. Every healthcare organization must assume that it will be attacked by ransomware in the near future and prepare accordingly. This means updating your security incident response plan, educating employees about the ransomware threat, conducting realistic exercises simulating a ransomware attack to identify gaps in your organization's response, and addressing those gaps quickly." (Troutman Sanders)  


[Advert.]

Master Health Reform Guide, 2016 Edition

Sponsored by Wolters Kluwer

This concise yet authoritative guide highlights everything employers need to know about health reform, explaining complex concepts in plain English and clarifying even the most complicated requirements. Enjoy 20% off with code BENEFIT20 at Wolters Kluwer!



[Guidance Overview]

HIPAA Security Guidance Addresses Ransomware Attacks
"Addressing the scope of risk analyses required under the security management process standard, HHS would expect CEs and BAs to adopt measures as part of the security management process to reduce risks to ePHI 'throughout an organization's entire enterprise.' HHS acknowledges that there is not a HIPAA Security Rule standard or implementation specification for updating firmware. However, HHS believes that an entity should, as part of its risk analysis, identify and address risks to ePHI from network devices that use obsolete firmware." (Practical Law Company)  

Do You Know How Good Your Surgeon Is?
Infographic. "[W]hen healthcare consumers who need surgery start their research of potential hospitals or surgeons, they are bombarded with confusing amounts of ratings, 'best of' lists, and hoards of big data. When it comes to patient reviews, can you trust an anonymous Yelper to guide you to a quality surgeon? And when you come across websites with a ton of data like complication rates, volumes, mortality, or readmissions, how do you make appropriate conclusions about the risks you potentially face when you choose your healthcare provider?" (mpirica)  

Benefits in General

Recommendations from House Republicans Would Affect Employee Benefits
"The proposals would repeal the ACA, cap the employee tax exclusion for employer health benefits, reject the fiduciary advice rule and more. The task force proposed significant reforms to Medicare, including a voucher program that would begin in 2024. Tax exclusions for dependent care assistance, qualified transportation benefits, adoption assistance and other benefits would be eliminated.... While few of the recommendations are expected to see legislative action this year, significant changes for health, retirement and other employee benefits could be on the table in 2017." (Willis Towers Watson)  

Executive Compensation and Nonqualified Plans

[Guidance Overview]

Welcome Tinkering in Section 409A Proposed Regs
"The proposed changes to the Section 409A regulations contain nearly 20 substantive points. The overall tone is tinkering that will address minor issues that have arisen over time. Most changes are helpful to taxpayers, with a couple of changes designed to close potential loopholes." (Squire Patton Boggs)  

Press Releases

DOL Solicits Nominations for 2017 ERISA Advisory Council
Employee Benefits Security Administration [EBSA], U.S. Department of Labor

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BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2016 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of that content. You may not alter or remove any trademark, copyright or other notice from copies of the content.

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