Health & Welfare Plans Newsletter

September 28, 2018

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Retirement Plan Administrator
Noble-Davis Consulting, Inc.
in OH, Telecommute

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RPC Fresno, Inc.
in CA

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Nixon Peabody LLP
in CA, IL, NY

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[Official Guidance]

Text of 2018 IRS Form 1095-B: Health Coverage (PDF)

"This Form 1095-B provides information needed to report on your income tax return that the individuals in your tax family (yourself, spouse, and dependents) had qualifying health coverage (referred to as 'minimum essential coverage') for some or all months during the year. Individuals who don't have minimum essential coverage and don't qualify for an exemption from this requirement may be liable for the individual shared responsibility payment." [Also available: 2018 IRS Form 1094‑B, Transmittal of Health Coverage Information Returns.]
Internal Revenue Service [IRS]

[Official Guidance]

Text of 2018 IRS Form 1095-C: Employer-Provided Health Insurance Offer and Coverage (PDF)

"This Form 1095‑C includes information about the health insurance coverage offered to you by your employer. Form 1095‑C, Part II, includes information about the coverage, if any, your employer offered to you and your spouse and dependent(s). If you purchased health insurance coverage through the Health Insurance Marketplace and wish to claim the premium tax credit, this information will assist you in determining whether you are eligible."
Internal Revenue Service [IRS]

[Official Guidance]

Text of 2018 Instructions for IRS Form 1095-A: Health Insurance Marketplace Statement (PDF)

"Form 1095‑A is used to report certain information to the IRS about individuals who enroll in a qualified health plan through the Health Insurance Marketplace. Form 1095‑A also is furnished to individuals to allow them to take the premium tax credit, to reconcile the credit on their returns with advance payments of the premium tax credit (advance credit payments), and to file an accurate tax return." [Also available: 2018 IRS Form 1095‑A, Health Insurance Marketplace Statement.]
Internal Revenue Service [IRS]

[Guidance Overview]

DOL Advises That FLSA Does Not Require Compensation for Time Spent in Various Wellness Activities

"[DOL Opinion Letter FLSA 2018‑20] does not mention health-risk assessments, but it gives no reason to believe that such assessments would be evaluated using different standards. Nor does the letter mention the regulation concerning 'attendance at lectures, meetings, training programs, and similar activities,' perhaps because that regulation applies only to attendance outside of regular working hours, and the employer requesting the letter indicated that the activities could also occur during working hours. Finally, ... this letter accepts, without explanation, that rewarding wellness program participation with lower health plan deductibles and premiums would not make participation in the wellness activities involuntary."
Thomson Reuters / EBIA

IRS Releases Draft Forms and Instructions for 2018 ACA Reporting

"For 2018, the IRS has stated that it does not anticipate extending the 'good faith compliance efforts' relief relating to reporting requirements. Employers should be ready to fully meet the reporting requirements in early 2019 with a high degree of accuracy. There is, however, relief for de minimis errors on Line 15 of the 1095‑C."
United Benefit Advisors

IRS Answers Questions on Paid Family and Medical Leave Tax Credit

"The 45S credit applies to taxable years beginning after Dec. 31, 2017 and before Jan. 1, 2020 and must be claimed ... on a timely filed income tax return.... [T]ax-exempt employers under 501(a) ... are not eligible for credit. Section 280(c) is relevant for this general business credit and the wage deduction must be reduced by the credit amount."
RSM US

Shoring Up your Wellbeing Programs

"Inventory your current wellness programs to verify whether they qualify as group health plans ... If you determine your wellness program is a group health plan, evaluate the amount of incentive, if applicable, and determine if a change is warranted ... [E]nsure your wellness program administrative functions are tight and transparent."
Compliance Dashboard

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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 2018 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 those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.

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