Health & Welfare Plans Newsletter

April 24, 2019

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Third Party Administrator
Erickson, Brown & Kloster, P.C.
in Colorado Springs CO

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Retirewell Administrators, Inc
in Marlton NJ

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[Guidance Overview]

Sticking to Your ACA Measurement/Stability Periods

"Adding and dropping employees may seem like the right course of action at any given time (especially adding someone earlier than the measurement periods require). However, it can expose an employer to significant penalties if it is not consistent with the employer's chosen measurement and stability period rules."
HUB International

Observations on Recent Enforcement of the ACA Employer Mandate

"Enforcement seems to be increasing.... Complexity is increasing.... IRS enforcement for failure to file or distribute is increasing.... If you aren't careful, it will get increasingly difficult."
HUB International

ACA Compliance Issues When a Summer Intern Becomes a Regular Employee

"What happens if your intern does so well that you want to hire him or her? The answer depends on how you treated the intern when they were hired."
HUB International

Massachusetts Updates Draft Paid Family and Medical Leave Rules, Posts Model Notice (PDF)

20 presentation slides. Topics include: [1] Overview of Massachusetts Paid Family and Medical Leave Law (MAPFML); [2] MAPFML compared to FMLA; [3] Calculating the contribution; [4] Calculating the benefit; [5] Coordination with other benefits; [6] Applying for a private plan exemption; [7] Private plan pros and cons; [8] Employer next steps.
Mercer

Millennials are Less Healthy than Generation X Were at the Same Age

"[M]illennials had substantially higher diagnoses for eight of the top 10 health conditions than Generation X, and based on their current health status, millennials are more likely to be less healthy when they're older, compared to Gen Xers.... The biggest health differences between the two generations was the higher impact of physical conditions driven by increased cardiovascular and endocrine conditions, including diabetes."
Blue Cross Blue Shield Association

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CMS Announces New Initiative for Value-Based Transformation of Primary Care

"The Initiative aims to improve quality and patient experience of care while reducing administrative burdens and lowering overall healthcare costs. The Initiative consists of five payment model options in two broad paths: [1] Primary Care First (PCF) and [2] Direct Contracting.... The PCF compensation structure contemplates a population-based payment, a flat primary care visit fee, and a performance adjustment assessed and paid quarterly that provides an upside of up to 50% of revenue and a small downside of 10% of revenue....The Direct Contracting models aim to transform fee-for-service (FFS) in Medicare by offering capitated and partially capitated payments to model participants."
Sheppard Mullin

Benefits in General

[Guidance Overview]

Editor's Pick UBIT Changes for Benefit Plan Investors and the 2018 Tax Year Filing Season

"Effective for tax years beginning after December 31, 2017, benefit plans with two or more unrelated trades or businesses will no longer be able to 'net' the income and losses of the businesses in the aggregate when determining UBIT.... A key area of uncertainty in this area is whether each investment held by a plan would be viewed as a separate 'trade or business,' or alternatively, whether a plan can consider all investments of the same 'type' (e.g., all real estate investments or all private equity funds) as a single trade or business. [IRS Notice 2018-67] provides a variety of rules that plans may apply to simplify the impact of this change."
Groom Law Group

2019 American Bar Association Midwinter Meeting Report on Employment Discrimination and Employee Benefits (PDF)

8-page report of 2018 regulatory and litigation developments. Topics include: [1] Benefits issues for same-sex spouses, domestic partners, and transgender individuals; [2] Equal Pay Act; [3] Age Discrimination in Employment Act; [4] Americans with Disabilities Act; [5] Wellness programs; and [6] Interference with protected rights under ERISA Section 510.
Employee Benefits Committee [EBC], American Bar Association

2019 American Bar Association Midwinter Meeting Report on Issues Unique to Jointly Administered Plans (PDF)

11-page report of 2018 regulatory and litigation developments. Topics include: [1] Legislation and regulation of jointly administered plans; [2] Substantive requirements of Section 302(c)(5) of the Taft-Hartley Act; [3] Criminal liability under Section 302 of the Taft-Hartley Act; [4] Actions to enforce the contribution obligation; [5] Funding rules for multiemployer plans; [6] Multiemployer Pension Plan Amendments Act -- plan termination insurance; [7] Coal Industry Retiree Health Benefit Act of 1992.
Employee Benefits Committee [EBC], American Bar Association

Press Releases

Most Popular Items in the Previous Issue

2019 American Bar Association Midwinter Meeting Report on Reporting and Disclosure (PDF)
Employee Benefits Committee [EBC], American Bar Association

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BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2019 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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