Health & Welfare Plans Newsletter

July 14, 2020

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View COVID-19 News and Resources

[Official Guidance]

Text of Draft 2020 IRS Form 1095-C: Employer-Provided Health Insurance Offer and Coverage (PDF)

Jul. 13, 2020. "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)." [Also available:  Draft 2020 IRS Form 1094-C: Transmittal of Employer-Provided Health Insurance Offer and Coverage Information Returns (Jul. 13, 2020)]

Internal Revenue Service [IRS]

[Guidance Overview]

Separate Reporting of FFCRA Wages Is Required on 2020 Forms W-2

"IRS Notice 2020-54 requires employers to report to employees the amount of qualified sick leave wages and qualified family leave wages paid to the employees.... FFCRA amounts must be separately reported either in Box 14 of Form W-2 or on a separate statement ... [T]he employer may provide additional information about qualified sick and family leave wages and explain that these wages may limit the amount of credits to which the employee may be entitled with respect to any self-employment income."

ADP

[Guidance Overview]

Proposed Rules for ACA Grandfathered Health Plans Would Permit Greater Flexibility for Cost-Sharing Changes

"The proposed regulations would permit grandfathered plans that also are HDHPs to make changes to fixed-amount cost-sharing requirements (which would otherwise result in loss of grandfathered status) to the extent those changes are necessary to satisfy the Internal Revenue Code's requirements for HDHPs.... In addition, the proposed regulations would update the definition of 'maximum percentage increase' by providing an alternative method of determining that amount that is based on the premium adjustment percentage[.]"

Thomson Reuters Practical Law

Tracking Telehealth Changes State-by-State in Response to COVID-19

"As states and federal agencies continue to combat the COVID-19 pandemic, they are also beginning to develop and implement permanent telehealth policy changes in order to continue to expand access to telehealth services beyond the pandemic period. [A set of charts describes current and proposed] state and federal guidance, regulations, and legislation."

Manatt, Phelps & Phillips, LLP

ACA Anti-Discrimination Developments: HHS 2020 Regs, 2016 Regs, and Supreme Court Bostock Decision

"On June 12, 2020 [HHS] issued a revised final regulation (2020 Rule) ... [which] significantly changes many of the provisions contained in the previous Section 1557 regulation (2016 Rule) ... Days after the Final Rule was announced, the U.S. Supreme Court issued ... [the Bostock opinion, holding] that Title VII protects gender identity and sexual orientation ... [This article provides] is a discussion of the differences between the 2016 and 2020 Rules, as well as the relationship of Bostock to the 2020 Rule." [Bostock v. Clayton County, Ga., No. 17-1618 (S. Ct. June 15, 2020)]

Bond, Schoeneck & King

Supreme Court Upholds Rules Expanding Exemptions to ACA's Contraceptive Mandate

"As a result of the Supreme Court's ruling, the following exemptions to the contraceptive mandate will apply: [1] Any individual or nongovernmental entity that objects to providing coverage of contraceptives and related services based on sincerely held religious beliefs will be exempt ... [2] An entity or individual that objects to coverage based on sincerely held moral convictions is exempt ... Publicly traded entities are not eligible for this exemption." [Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, No. 19-431 (S. Ct. Jul. 8, 2020)]

Fisher Phillips

Projected Changes in Health Insurance Coverage Due to the COVID-19 Recession (PDF)

"48 million people will live in families with a worker who experiences a COVID-19-related job loss in the last three quarters of 2020. Of them, 10.1 million lose employer coverage tied to that job.... 32 percent of these people switch to another source of employer coverage through a family member ... 7.3 million fewer people have employer-based coverage ... [T}he COVID-19 recession ... is disproportionately affecting workers paid low wages -- many of whom are not covered by health insurance through their jobs."

Urban Institute

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Severance Plans Must File Form 5500?

"What type of severance plans require a Form 5500 filing? If filing is required, how does one determine participant count? Is it all active employees eligible for the plan? Do you need to include those who have severed still receiving severance benefits?"

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Getting Severance Right Through ERISA
Wagner Law Group, via Bloomberg

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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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