Alden J. Bianchi

Alden J. Bianchi

Mintz Levin

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The Affordable Care Act—Countdown to Compliance for Employers, Week 38: Congress Eliminates Separate Cap on Deductibles

In a rare display of bipartisanship, Congress voted to eliminate the Affordable Care Act’s separate cap on deductibles that applies to individual and small group insurance products. (These limits never applied to large...more

4/8/2014 - Affordable Care Act Deductibles Employee Benefits Employer Mandates Healthcare Self-Funded Health Plans

The Affordable Care Act—Countdown to Compliance for Employers, Week 39: Common Law Employees and Offers of Coverage on Behalf of...

Distinguishing employees who are full-time from those who are not takes up a good deal of real estate in final regulations published in the Federal Register on February 12 implementing the Act’s employer shared responsibility...more

4/1/2014 - Affordable Care Act Employee Benefits Employer Mandates Full-Time Employees Healthcare Pay or Play Shared Responsibility Rule

The Affordable Care Act—Countdown to Compliance for Employers, Week 40: Limited Non-assessment Periods under the Final Code §...

Final regulations under Code § 4980H published in the Federal Register on February 12 include a new term—“limited non-assessment period”—which describes periods for which an applicable large employer (i.e., an employer with...more

3/25/2014 - Affordable Care Act Employee Benefits Healthcare Healthcare Reform

The Affordable Care Act—Countdown to Compliance for Employers, Week 41: What Employers Need to Know About the Final Rules Issued...

The last few weeks have produced a regulatory frenzy under various provisions of the Affordable Care Act affecting employers...more

3/18/2014 - Affordable Care Act Employer Mandates Healthcare Healthcare Reform HHS

Departments of Labor, Treasury, and Health and Human Services Issue Final and Proposed Regulations Implementing the 90-day Limit...

The Affordable Care Act (the “Act”) generally prevents an otherwise eligible employee (or dependent) from having to wait more than 90 days before coverage becomes effective under a group health plan. The regulation of waiting...more

3/5/2014 - Affordable Care Act DOL Employee Benefits ERISA Healthcare HHS U.S. Treasury Waiting Periods

The Affordable Care Act—Countdown to Compliance for Employers, Week 43: Coordinating the 3-Month Delay under Employer Shared...

So much attention has been paid to the issuance of the final employer shared responsibility regulations that some might have missed the news that final regulations were recently issued under another of the Affordable Care...more

3/4/2014 - Affordable Care Act Compliance Employee Benefits Employer Group Health Plans Employer Mandates Healthcare Healthcare Reform Pay or Play Shared Responsibility Rule

The Top 10 Changes Made to the 2012 Proposed Rule Under the Affordable Care Act’s Employer Shared Responsibility Rules by Recently...

The Treasury Department and Internal Revenue Service recently issued final regulations implementing the employer shared responsibility provisions of the Affordable Care Act. For “applicable large employers” — i.e., those with...more

2/25/2014 - Affordable Care Act Delays Employee Benefits Employer Mandates Healthcare Healthcare Reform IRS Shared Responsibility Rule U.S. Treasury

The Affordable Care Act—Countdown to Compliance for Employers, Week 44: The Top 10 Changes Made by the Final Treasury Regulations...

In last week’s post on the topic of the recently issued final regulations under the Affordable Care Act’s employer shared responsibility (a/k/a “pay-or-play”) rules, we suggested that the final regulations broke little new...more

2/25/2014 - Affordable Care Act Delays Employee Benefits Employer Mandates Healthcare Healthcare Reform Pay or Play Shared Responsibility Rule

The Affordable Care Act—Countdown to Compliance for Employers, Week 45: Focus on the Transition Rules under Final Treasury/IRS...

The Treasury Department and the IRS last week issued long-awaited final rules implementing the Affordable Care Act’s employer shared responsibility (a/k/a “pay-or-play”) rules. Originally slated to take effect beginning...more

2/19/2014 - Affordable Care Act Delays Employee Benefits Employer Mandates Healthcare Pay or Play Shared Responsibility Rule

The Affordable Care Act—Countdown to Compliance for Employers, Week 46: Looking Ahead to the Group Health Plan Non-Discrimination...

A January 18th New York Times article (Rules for Equal Coverage by Employers Remain Elusive Under Health Law) reported on the progress, or lack thereof, of the adoption of group health plan non-discrimination regulations...more

2/11/2014 - Affordable Care Act Discrimination Healthcare Healthcare Reform IRS

The Affordable Care Act—Countdown to Compliance for Employers, Week 45½: Treasury/IRS Issue Long-Awaited Final Regulations under...

Breaking with long standing tradition—i.e., issuing important rules on a Friday before a holiday weekend, or (failing that) any Friday (hence the reference to Week 45½ in this post)—the Treasury Department and the IRS today...more

2/11/2014 - Affordable Care Act Employer Mandates Healthcare Healthcare Reform IRS Pay or Play U.S. Treasury

The Affordable Care Act—Countdown to Compliance for Employers, Week 47: The Reporting Conundrum

The Affordable Care Act establishes three new, high-level, reporting requirements: Code § 6051(a)(14) - Employers must report the cost of coverage under an employer-sponsored group health plan on an employee’s...more

2/4/2014 - Affordable Care Act Filing Deadlines Healthcare Healthcare Reform Reporting Requirements

Departments of Labor, Health and Human Services, and Treasury Issue Proposed Regulations Governing “Excepted Benefits”

A handful of recent guidance items that the Departments of Labor, Health and Human Services, and Treasury have issued make some important changes related to the regulation of “excepted benefits.” These changes are driven in...more

2/4/2014 - Affordable Care Act DOL Employee Assistance Programs Employee Benefits Healthcare HHS U.S. Treasury Wraparound Coverage

The Affordable Care Act—Countdown to Compliance for Employers, Week 48: Obamacare Dodges Another Bullet

A recent Federal Court decision turned back a potentially debilitating challenge to the Affordable Care Act’s rules governing premium subsidies. The decision, Halbig v. Sebelius, has consequences for large employers, i.e.,...more

1/28/2014 - Affordable Care Act Health Insurance Exchanges Healthcare Healthcare Reform Pay or Play Shared Responsibility Rule

The Affordable Care Act—Countdown to Compliance for Employers, Week 49: Waiting for the Final Code Section 4980H Regulations

So where are they? Final regulations implementing the Affordable Care Act’s rules governing shared responsibility of employers were widely expected to have “dropped” before the beginning, or perhaps during the first...more

1/22/2014 - Affordable Care Act Compliance Employer Mandates Healthcare Healthcare Reform IRS U.S. Treasury

The Affordable Care Act—Countdown to Compliance for Employers, Week 50: Wellness Programs, Affordability, and Premium Tax Credits

The Affordable Care Act imposes a series of interrelated requirements on individuals, employers and providers. Individuals must maintain coverage or face the prospect of a tax penalty; carriers must offer and renew coverage....more

1/14/2014 - Affordable Care Act Employee Benefits Healthcare Healthcare Reform HIPAA Premiums Tax Credits Wellness Programs

The Affordable Care Act—Countdown to Compliance for Employers, Week 51: Speculating about Code Section 4980H Transitional Relief

(Note: This is the first installment of a series of entries that Alden will be posting each week for the next 51 weeks as he counts down to the January 1st, 2015 ACA pay-or-play deadline). ...more

1/7/2014 - Affordable Care Act Compliance Healthcare Healthcare Reform IRS Pay or Play Transition Relief

ACA Update: Who Will Staffing Firms Have to Cover Starting Jan. 1, 2015?

The Obama administration's July 2013 announcement, delaying enforcement of the employer mandate under the Affordable Care Act by one year, has affected not only when employees must be offered health insurance coverage but...more

12/18/2013 - Affordable Care Act Compliance Health Insurance Exchanges Healthcare Minimum Essential Coverage Staffing Agencies

Final Regulations Issued under the Mental Health Parity and Addiction Equity Act of 2008

On November 13, 2013, the Departments of the Treasury, Labor and Health and Human Services (the “Departments”) issued final regulations under the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act...more

12/16/2013 - Healthcare Mental Health Parity Rule MHPAEA

Treasury Department/IRS Issue Proposed Rules on Employer Reporting of Health Insurance Coverage Under the Affordable Care Act

In addition to imposing substantive requirements on health insurance issuers in the group and individual markets and employer-sponsored group health plans, the Patient Protection and Affordable Care Act (Act) imposes three...more

10/22/2013 - Affordable Care Act Health Insurance Health Insurance Exchanges Healthcare IRS Reporting Requirements U.S. Treasury

Labor and Treasury/IRS Opine on Integrated and Non-Integrated HRAs, Medical FSAs, and EAPs

On September 13, 2013, the Department of Labor and the Treasury Department/IRS (the “Departments”) issued coordinated guidance on a handful of items relating to the implementation of the Affordable Care Act (the “Act”),...more

9/26/2013 - Affordable Care Act DOL EAP Flexible Spending Accounts Healthcare HRA IRS U.S. Treasury

Complying with the Affordable Care Act’s Exchange Notice Requirement

The Patient Protection and Affordable Care Act (the “Act”) amends the Fair Labor Standards Act (“FLSA”) to require employers of all sizes to provide their employees a notice of the availability of coverage through public...more

8/21/2013 - Affordable Care Act COBRA Compliance DOL Employee Benefits Employer Mandates FLSA Health Insurance Exchanges Healthcare Marketplace Notice Notice Requirements

Cafeteria Plans, the Affordable Care Act, and Continued Compliance with the Massachusetts Free-Rider Surcharge Requirement—New...

Established as a part of the comprehensive 2006 Massachusetts health care reform law, the Massachusetts Health Insurance Connector (a/k/a the “Connector”) served as a model for the American Health Benefit Exchanges that are a...more

8/2/2013 - Affordable Care Act Deadlines Delays Employee Benefits Employer Mandates Health Insurance Exchanges Healthcare HHS Pay or Play Shared Responsibility Rule

It’s Official: IRS Issues Guidance Affirming One-Year Delay in the Affordable Care Act Employer Mandate and Related Reporting...

On July 9, less than a week after the Obama administration announced a one-year delay in the enforcement of the employer shared responsibility (aka “pay-or-play”) rules,1 the IRS has issued guidance making the move official....more

7/15/2013 - Affordable Care Act Deadlines Delays Employer Mandates Healthcare IRS Pay or Play Shared Responsibility Rule U.S. Treasury

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