Health & Welfare Plans Newsletter

October 14, 2019

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Webcasts, Conferences

Labor Relations Certification Program: Bargaining Over Benefits
October 17, 2019 in CA
Liebert Cassidy Whitmore

Nonprofit Tax for Parking and Transit Passes - What Nonprofits Need to Know
November 7, 2019 in CA
Lindquist

Getting Your Employee Benefits House in Order
November 11, 2019 in OH
Worldwide Employee Benefits Network [WEB] - Northeast Ohio Chapter

►See 106 Upcoming Webcasts and Conferences

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Discussions

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New Comments and Topics

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[Guidance Overview]

IRS Web Page: Understanding Your CP233J Notice

"Read your notice carefully. It explains your due date, amount due, and payment options. ... ESRP payments, if assessed, are subject to lien/levy and will be collected in the same manner as other assessments. ... Interest will be charged on any outstanding balance until the amount is paid in full." [Page includes links to further information and forms.]
Internal Revenue Service [IRS]

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[Guidance Overview]

San Antonio, Texas Approves Revisions to Paid Sick and Safe Leave Ordinance

"Updates under the revised ordinance include ... [1] Any individual who performs work for pay within the City of San Antonio for a covered employer is eligible to accrue sick and safe leave, unless otherwise exempted under the law.... [2] A modified accrual schedule for sick and safe leave will apply across all businesses, regardless of size.... [3] An employer may not request medical documentation or other verification of the use of paid sick or safe leave under the ordinance until an employee's fourth consecutive day of using leave.... [4] While the ordinance is now slated to take effect on December 1, 2019, penalties will not be assessed until April 1, 2020 except in cases of retaliation against an employee."
Proskauer

What's at Stake in the Current Court Challenge to the ACA?

"In court in July, only two of the three judges ... asked questions. 'Oral argument in front of the circuit went about as badly for the defenders of the [ACA] as it could have gone,' says Nicholas Bagley, a professor of law at the University of Michigan. 'To the extent that oral argument offers an insight into how judges are thinking about the case, I think we should be prepared for the worst -- the invalidation of all or a significant part of the [ACA].'"
National Public Radio [NPR]

FMLA and Caring for Elderly Parent with Dementia

"Congress actually recognized the changing nature of the American population, including the growing number of elderly Americans and the need for wage earners to provide care for both their children and their parents, as a reason for enacting the FMLA.... Of course, you should require and obtain medical certification before granting the leave.... Confirmation of the relationship may be a simple statement from the employee that the individual is a family member or a legal document establishing the connection."
HR Daily Advisor

Benefits in General

Student Loan and Retirement Plan Guidance on IRS Priority List

"Employers have individually requested IRS approval of benefit arrangements that link student loan repayment and retirement plans. There have been calls for the IRS to issue guidance that other employers could avail themselves of without seeking IRS guidance or approval individually."
Ascensus

DOL Shake-Up Touted as a Plus for Industry

"A new labor secretary and a reorganization within the Employee Benefits Security Administration could lead to increased guidance and a more uniform enforcement policy... Preston Rutledge, the assistant secretary of labor who leads EBSA, told staff in an August email that the agency was expanding to three deputy assistant secretaries who report directly to him instead of the two in place previously. Oversight responsibilities among the deputy assistant secretaries are now allocated differently. Traditionally, the two EBSA assistant secretaries were split between a political appointee and a member of the career staff."
Pensions & Investments

Selected Discussions
on the BenefitsLink Message Boards

Participant's Spouse Says HIPAA Personal Health Information Improperly Shared with Participant

Person in question is the spouse of an employee who is a subscriber of an employer offered health insurance plan, so the insurance is held in the employee's name, but it is the spouse with the inquiry. The spouse has on file with the insurance provider to not provide PHI to the employee subscriber holding the policy. The spouse visited a doctor. The insurance company then sent a follow up letter to the subscriber regarding that visit by the spouse to confirm the visit (specific details of the visit apparently not provided). Spouse felt this was PHI, but upon checking in with the insurance company, spouse was informed that that is not considered PHI. Spouse believes just providing the doctor information to the subscriber is. To be clear this question is about PHI, not the relationship between the employee subscriber and spouse.
BenefitsLink Message Boards

Provide for Automatic Increase in FSA Limit in a Cafeteria Plan Document?

Is there any reason that a cafeteria plan document with a health FSA couldn't (or shouldn't) provide for the automatic inflation adjustment to the dollar limit in section 125(i) rather than amending the document each year to state the dollar amount in effect?
BenefitsLink Message Boards

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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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