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[Official Guidance]
"[T]he dollar amount in effect under § 45R(d)(3)(B) is $27,800. This amount is used under § 45R(c) for limiting the small employer health insurance credit and under § 45R(d)(1)(B) for determining who is an eligible small employer for purposes of the credit.... "[T]he dollar limitation under § 125(i) on voluntary employee salary reductions for contributions to health flexible spending arrangements is $2,750. If the cafeteria plan permits the carryover of unused amounts, the maximum carryover amount is $550 ...
"[T]he monthly limitation under § 132(f)(2)(A) regarding the aggregate fringe benefit exclusion amount for transportation in a commuter highway vehicle and any transit pass is $270. The monthly limitation under § 132(f)(2)(B) regarding the fringe benefit exclusion amount for qualified parking is $270 ... "[U]nder § 137(a)(2), the amount that can be excluded from an employee's gross income for the adoption of a child with special needs is $14,440.... "[T]he term 'high deductible health plan' as defined in § 220(c)(2)(A) means, for self-only coverage, a health plan that has an annual deductible that is not less than $2,400 and not more than $3,600, and under which the annual out-of-pocket expenses required to be paid (other than for premiums) for covered benefits do not exceed $4,800 ... [and] for family coverage, a health plan that has an annual deductible that is not less than $4,800 and not more than $7,150, and under which the annual out-of-pocket expenses required to be paid (other than for premiums) for covered benefits do not exceed $8,750." 
Internal Revenue Service [IRS]
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"The two largest settlements this year involved health insurers.... Recent HIPAA enforcement actions serve as a reminder that all covered entities and business associates -- no matter the size -- need to constantly be taking steps to ensure HIPAA compliance." 
Nexsen Pruet
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"The OCR has announced a surprising number of HIPAA settlements in the past few months with penalties ranging from $10,000 to $6.5 million.... [K]ey takeaways ... [1] Protect against cyberattacks.... [2] Perform an effective security risk assessment.... [3] Maintain appropriate policies and safeguards.... [4] Encrypt your devices.... [5] Respect the [individual's] right to access their information.... [6] Respond promptly to known or suspected concerns.... [7] Report breaches in a timely manner.... [8] Business associates beware! ... [9] Small providers are not exempt.... [10] Do not disclose PHI on social media." 
Holland & Hart LLP
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"[1] Telehealth services.... [2] Telework.... [3] Dependent care Flexible Spending Accounts.... [5] Connecting resources.... [5] Spotlight disability benefits." 
OneDigital Health and Benefits
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"[H]ealth plans have critical financial decisions to make in the upcoming months with limited data available and wide uncertainty on how the pandemic will transition toward the end of 2020 and into 2021. This paper explores how COVID-19 may impact a health plan's medical loss ratio (MLR) requirements in general and provides specific considerations for the commercial, Medicare Advantage, and Medicaid markets in 2020 and going forward." 
Milliman
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Benefits in General
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"[S]ignificant changes in the benefits and technology landscape and a growing focus on employee engagement over the past several years have resulted in [total benefits outsourcing (TBO)] being an ineffective and costly option for employers. Here's a close look at the challenges of TBO, and how a best-in-class approach to benefits has emerged as the answer to the needs of today's employers and employees." 
bswift
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"In FY 2020, EBSA closed 1,122 civil investigations with 754 of those cases (67%) resulting in monetary results for plans or other corrective action. Recoveries on behalf of terminated vested participants played a large role in these results. In total, EBSA's enforcement program helped over 29,600 terminated vested participants in defined benefit plans collect benefits of over $1.48 billion owed to them.... In FY 2020, EBSA closed 230 criminal investigations. EBSA's criminal investigations, as well as its participation in criminal investigations with other law enforcement agencies, led to the indictment of 70 individuals -- including plan officials, corporate officers, and service providers -- for offenses related to employee benefit plans." 
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]
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"If one spouse is eligible for a Retiree HRA and the other spouse for herself or both of them has access to a HDHP with a HSA, if one or both of them uses the HDHP/HSA, must participation in the Retiree HRA be suspended for one of both until such time as neither is participating in the HDHP/HSA or in any HDHP plan year only until such time as the deductible and all required first dollar payments for the HDHP are made through the HSA or other resources?" 
BenefitsLink Message Boards
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BenefitsLink.com, Inc.
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Lois Baker, J.D., President
David Rhett Baker, J.D., Editor and Publisher
Holly Horton, Business Manager
Article submission: Online form
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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