Health & Welfare Plans Newsletter

June 9, 2020

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Webcasts, Conferences

OSHA / WHD Employee Presentation
June 10, 2020 WEBCAST
Wage and Hour Division [WHD], U.S. Department of Labor [DOL]

OSHA / Wage and Hour Employer Presentation
June 10, 2020 WEBCAST
Wage and Hour Division [WHD], U.S. Department of Labor [DOL]

Coronavirus Tax Relief for Employers and Business Owners
June 12, 2020 WEBCAST
Wage and Hour Division [WHD], U.S. Department of Labor [DOL]

Benefit Fund Offices: Lessons From the COVID-19 Crisis
June 18, 2020 WEBCAST
The Segal Group

COVID-19: Top 10 Considerations for your Employee Benefits Plans
June 24, 2020 WEBCAST
ABD Insurance & Financial Services

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View COVID-19 News and Resources

[Official Guidance]

Text of IRS Proposed Regs: Deductibility of Payments for Certain Medical Care Arrangements

26 pages. "[T]he Treasury Department and the IRS propose that expenditures for direct primary care arrangements and health care sharing ministry memberships are amounts paid for medical care as defined in section 213(d), and that amounts paid for those arrangements may be deductible medical expenses under section 213(a). The proposed regulations also clarify that amounts paid for certain arrangements and programs, such as health maintenance organizations (HMO) and certain government-sponsored health care programs, are amounts paid for medical insurance under section 213(d)(1)(D). These proposed regulations do not affect the tax treatment of any medical care arrangement that currently qualifies as medical care under section 213(d)."

Internal Revenue Service [IRS]

[Guidance Overview]

D.C. Amends Emergency Paid Leave Amendments

"Although many changes are stylistic and do not affect the substance of the law, one change clarifies an issue concerning when the new obligation began, and others detail when employees can use leave and how employers can comply via existing paid leave policies."

Littler

[Guidance Overview]

The Zombie PCORI Fee is Back, Part 2

"The new amount used to calculate the PCORI fee for policy years and plan years that end on or after October 1, 2019, and before October 1, 2020, is $2.54 per person. The fee for plan years ending prior to October 1, 2019 was $2.45 per person. In addition to the fee update, [IRS Notice 2020-44] also provided some welcome transition relief for those that may have been caught unaware of the PCORI fee's survival."

Graydon

[Guidance Overview]

Seattle Ordinance Mandates COVID-19 Paid Sick and Safe Time for Gig Workers

"Since gig workers are categorized as independent contractors, they currently do not accrue paid sick and safe time under state and local laws.... [T]his is a temporary expansion allowing paid sick and safe time to the independent contractors, although the method of accruing and compensating for the leave and some of the reporting requirement are quite different from the regular Seattle paid sick leave law."

Littler

[Guidance Overview]

COVID-19: Chart of New IRS and DOL Guidance for Cafeteria Plans (PDF)

Chart outlines various plan types and plan features, and how the new guidance affects each.

TRI-AD

When Is HIPAA Training Required?

"All employer-sponsored group health plans, including fully insured plans, are HIPAA covered entities.... Employers with a self-insured health plan need to maintain a HIPAA firewall that ensures only those employees with a plan-related need ... are permitted access to the plan's PHI.... HIPAA training is required for an employee within a reasonable period of time upon joining the covered entity's workforce, which includes a new hire within the HIPAA firewall or an existing employee moved to a position within the firewall."

ABD Insurance & Financial Services

Benefits in General

[Guidance Overview]

Editor's Pick Survey of State Laws Covering E-Signatures and Remote Online Notarization

"Today, electronic notarization is legally authorized in all states by [the Electronic Signatures in Global and National Commerce Act (E-SIGN)] and/or [the Uniform Electronic Transactions Act (UETA]. However, as of March 2020, only 23 states have laws that enable their notaries to conduct remote notarizations."

Ballard Spahr LLP

[Guidance Overview]

PPP Loan Forgiveness: Calculating Payroll Costs

"Except for owner-employees, the amount of health insurance premiums paid for by the employer may also be included for those paid or incurred during the chosen covered period.... [T]hese should also include health reimbursement arrangement [HRA] and health savings account (HSA) employer contributions.... Because guidance has so far strayed from the 'paid and incurred' to 'paid or incurred' standard, it's possible (absent further guidance) that employers could pay their full 2019 retirement contributions, 2020 match contributions (safe harbor or not), and even potentially their full year's 2020 profit sharing, money purchase pension, or other defined contribution plan contributions to the plan during the chosen coverage period, and have it count towards payroll costs eligible for loan forgiveness. If this interpretation stands in some form of Treasury and/or SBA final guidance, there are numerous operational issues to consider[.]"

Kushner & Company

Using Zoom for Confidential Meetings

"[L]et's look at specific steps that you can take to enhance security.... These are strong protections. They do not completely replicate the privacy of an in-person mediation, but they are close. So what are the problems?"

Bob Blum Mediation

Press Releases

Elizabeth Catterson Earns QKA Designation by ASPPA
Steidle Pension Solutions, LLC, [SPS]

Romero Wealth Management is Certified for Fiduciary Excellence
Centre for Fiduciary Excellence [CEFEX]

Most Popular Items in the Previous Issue

Text of CMS Compliance Letter: COVID-19 Guidance for Non-Federal Governmental Health Plans (PDF)
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]

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David Rhett Baker, J.D., Editor and Publisher  davebaker@benefitslink.com
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BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2020 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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