United Benefit Advisors Insight and Analysis Blog

IRS Issues Notice 2020-29

Posted by: Matthew Meidell    Jun 12, 2020 6:15:00 AM

The IRS issued IRS Notice 2020-29 (Notice) that provides increased flexibility for making mid-year elections or changes under a Section 125 cafeteria plan during calendar year 2020 related to employer-sponsored health coverage, health flexible spending arrangements (health FSAs), and dependent care assistance programs (DCAPs).

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Topics: compliance, compliance recap, IRS Notice 2020-29

IRS Releases an Opinion Letter on the Collection of Employer Shared Responsibility Penalties

Posted by: Matthew Meidell    Apr 7, 2020 1:30:00 PM

The Internal Revenue Service (IRS) released an opinion letter addressing whether the employer shared responsibility penalties (ESRPs) under the Patient Protection and Affordable Care Act (ACA) are subject to a statute of limitations regarding IRS collection of the penalty amounts. In the opinion letter, the IRS states that ESRPs are not subject to a statute of limitations.

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Topics: compliance, ACA, IRS, ESRPs

IRS Releases Draft 2019 Instructions for Forms 1094-B, 1095-B, 1094-C, and 1095-C

Posted by: Karen Hsu    Jan 7, 2020 11:07:41 AM

The IRS released draft instructions for both the 1094-B and 1095-B forms and the 1094-C and 1095-C forms and the draft forms for 1094-B, 1095-B, 1094-C, and 1095-C. There are no substantive changes in the forms or instructions between 2018 and 2019.

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Topics: compliance, IRS

DOL Releases Advance Copies of Form 5500 and Related Instructions for 2019

Posted by: Karen Hsu    Dec 26, 2019 11:15:10 AM

The Department of Labor (DOL) released advance copies of Form 5500 Annual Return / Report (Form 5500) and related instructions for 2019.

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Topics: compliance, Form 5500, DOL

USPSTF Issues a Final Recommendation Giving PrEP an “A” Rating

Posted by: Karen Hsu    Aug 14, 2019 9:30:00 AM

The U.S. Preventive Services Task Force (USPSTF) published a final recommendation that gives an “A” rating to preexposure prophylaxis (PrEP) treatment. This means that the USPSTF recommends offering PrEP with effective antiretroviral therapy to people at high risk of HIV acquisition.

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Topics: compliance, HR compliance, compliance recap

HHS Releases Bulletin that Extends Grandmothered Plans Through 2020

Posted by: Karen Hsu    Apr 25, 2019 2:58:31 PM

shutterstock_245503777As background, in the fall of 2013, the Department of Health and Human Services (HHS) announced a transitional relief program that allowed state insurance departments to permit early renewal at the end of 2013 of individual  and small group policies that do not meet the “market reform” requirements of the Patient Protection and Affordable Care Act (ACA) and for the policies to remain in force until their new renewal date in late 2014.

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Topics: compliance

Status of Court Case Challenging ACA Constitutionality

Posted by: Karen Hsu    Apr 16, 2019 2:52:00 PM

shutterstock_754468558As background, in February 2018, twenty states filed a lawsuit asking the U.S. District Court for the Northern District of Texas (Court) to strike down the Patient Protection and Affordable Care Act (ACA) entirely. The lawsuit came after the U.S. Congress passed the Tax Cuts and Jobs Act in December 2017 that reduced the individual mandate penalty to $0, starting in 2019.

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Topics: compliance

Top Five Compliance Assessment Surprises

Posted by: Bob Bentley    Feb 23, 2017 9:30:00 AM

Our Firm is making a big push to provide compliance assessments for our clients and using them as a marketing tool with prospects. Since the U.S. Department of Labor (DOL) began its Health Benefits Security Project in October 2012, there has been increased scrutiny. While none of our clients have been audited yet, we expect it is only a matter of time and we want to make sure they are prepared.

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Topics: compliance, ACA, COBRA, Affordable Care Act, Albers & Company, benefits compliance, Department of Labor audit, USERRA, life insurance, compliance assessment, Bob Bentley, benefits notices

Interim Final Regulation on Maximum Civil Monetary Penalties

Posted by: Danielle Capilla    Dec 29, 2016 10:30:00 AM

The Department of Health and Human Services (HHS) recently issued interim final regulations that adjust for inflation the maximum civil monetary penalties (CMP) that fall under HHS's jurisdiction. The regulations reflect changes required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the Act).

Adjustments under the Act were effective on August 1, 2016, and HHS's CMP adjustment regulations were effective on September 6, 2016. HHS issued its regulations for immediate implementation, without the notice and comment procedures that normally accompany new regulations.

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Topics: compliance, ACA, HIPAA, group health insurance, Danielle Capilla, Affordable Care Act, monetary penalties

State Guide to COBRA Supplemental Requirements

Posted by: Danielle Capilla    Nov 22, 2016 10:30:00 AM

The Consolidated Omnibus Budget Reconciliation Act (COBRA) is a federal requirement of group health plans to provide COBRA continuation coverage to participants who lose coverage due to a qualifying event, when the employer had 20 or more full time employees. Over the years, many states enacted additional requirements similar to COBRA, either for small employers, or in addition to the federal COBRA requirements. UBA has created a chart to outline each state’s specific continuation laws. For a sampling of the types of laws employers need to be aware of, consider these seven states (and view our full Compliance Advisor with the detail on all 50 states)

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Topics: compliance, COBRA, Danielle Capilla, COBRA continuation coverage, group benefit plans