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Health & Welfare Plans Newsletter

December 29, 2022

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[Guidance Overview]

Telehealth Policies Included in Omnibus Bill

"HDHPs will be able to offer telehealth services before the deductible without impacting HSA eligibility through plan years beginning before January 1, 2025.... However, the way the legislation is written, there's a small gap for non-calendar year plans."  MORE >>

HUB International

[Guidance Overview]

IRS Grants Permanent Extension of the ACA Reporting Deadline

"[T]he Final Regulations provide that employers have an automatic extension of time, not to exceed 30 days after January 31, in which to furnish Form 1095-C to individuals.... For part-time employees and non-employees enrolled in a self-funded health plan, the Final Regulations provide that ALEs may use an alternative (and less onerous) manner of furnishing statements.... The Final Regulations confirm that the transitional good faith relief from penalties was eliminated for calendar years after 2020 and is no longer appropriate."  MORE >>

Seyfarth

[Guidance Overview]

FAQs Provide Welcome Relief for Prescription Drug Reporting

"[FAQs Part 56] provides further 'clarifications' to the RxDC rules, including: ... [1] Multiple submissions by the same reporting entity is allowed.... [2] Submissions by multiple reporting entities is allowed.... [3] Aggregation restriction is suspended.... [4] Submission of premium and life-years data by email is available for certain group health plans.... [5] Reporting on vaccines is optional.... [6] Reporting amounts not applied to the deductible or out-of-pocket maximum are optional."  MORE >>

McDermott Will & Emery

[Guidance Overview]

Key Strategies for HIPAA-Compliant Use of Online Tracking Technologies

"[A recent OCR bulletin] makes clear that regulated entities need to ... take certain precautions in their use of such technologies.... [1] Definition of tracking technologies and when they are (not) permitted.... [2] Broad interpretation of what constitutes PHI for tracking purposes.... [3] Important differences between user-authenticated vs. unauthenticated sites.... [4] Individual authorization to tracking is problematic to obtain.... [5] Healthcare providers must ensure their [business associates] are not improperly using tracking technologies."  MORE >>

Nelson Mullins

[Guidance Overview]

May an Employer Legally Deny a Bonus to an Employee Who Has Taken FMLA Leave?

"Under trusty Section 215 of the FMLA regulations, an employer can disqualify an employee from a bonus based on achievement of a specified goal, such as hours worked or perfect attendance, even where the employee has not met the goal due to FMLA leave."  MORE >>

FMLA Insights

These States Tried an Obamacare Public Option; It Hasn't Worked as Planned

"A trio of Democratic Western states hailed passage of their public health insurance options as important steps toward finishing Obamacare's work of providing universal health coverage. But an early look at Washington, Colorado and Nevada show their plans to provide more affordable coverage to hundreds of thousands of people aren't working out as hoped."  MORE >>

Politico

Should You Invest Your Health Savings Account in 2023?

"The unique structure of health savings accounts makes them potential tools for retirement-focused investing. If you have a health savings account, you also have a high deductible health insurance plan, so you need to be able to cover your early health care costs. As long as you have the money to cover those costs somewhere, you can invest your HSA money for the longer-term future."  MORE >>

Motley Fool

Benefits in General

[Official Guidance]

Text of IRS Notice 2023-03: 2023 Standard Mileage Rates (PDF)

"This notice provides the optional 2023 standard mileage rates for taxpayers to use in computing the deductible costs of operating an automobile for business, charitable, medical, or moving expense purposes. This notice also provides the amount taxpayers must use in calculating reductions to basis for depreciation taken under the business standard mileage rate, and the maximum standard automobile cost that may be used in computing the allowance under a fixed and variable rate (FAVR) plan....

"The standard mileage rate for transportation or travel expenses is 65.5 cents per mile for all miles of business use (business standard mileage rate).... The standard mileage rate is 14 cents per mile for use of an automobile in rendering gratuitous services to a charitable organization under Section 170.... For automobiles a taxpayer uses for business purposes, the portion of the business standard mileage rate treated as depreciation is 26 cents per mile for 2019, 27 cents per mile for 2020, 26 cents per mile for 2021, 26 cents per mile for 2022, and 28 cents per mile for 2023."  MORE >>

Internal Revenue Service [IRS]

Employee Benefits Jobs

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            for Powers Stromberg Pension Consulting

Retirement Plan Administrator

Powers Stromberg Pension Consulting

Spokane WA

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Last Issue's Most Popular Items

Tri-Agencies Provide Good Faith Reliance Relief and Grace Period for Prescription Drug Reporting Obligations

Lockton

Agencies Issue Prescription Drug Reporting Relief for 2020 and 2021

Mercer

Top Health Trends Headlines for 2023

Mercer

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BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587.

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