Amy Gordon

Amy Gordon

McDermott Will & Emery

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Employer Shared Responsibility Payments and Reporting Requirements Under the Affordable Care Act: Code Sections 6055 and 6056

Employer Shared Responsibility Penalties - There are two types of employer shared responsibility payments, also known as pay or play penalties, under the Affordable Care Act (ACA). The first penalty under Internal...more

9/15/2014 - Affordable Care Act Compliance Healthcare Healthcare Reform Penalties Reporting Requirements

Individual Responsibility under the ACA

Effective 2014, if a taxpayer is not covered under minimum essential coverage for one or more months, then, unless an exemption applies, the taxpayer is liable for the individual shared responsibility payment on his return. ...more

8/12/2014 - Affordable Care Act Healthcare Individual Mandate IRS Personal Liability

Upcoming Health and Welfare Plan Requirements Checklist for Employers

As the mid-way point of 2014 approaches, employers should actively turn their attention to several upcoming compliance obligations for the health and welfare benefit plans they sponsor. Below is a checklist of upcoming...more

8/1/2014 - Affordable Care Act Compliance Employee Benefits Health and Welfare Plans Healthcare HHS HIPAA PCORI

U.S. Appeals Courts Issue Conflicting Decisions on Whether ACA Permits Tax Subsidies of Health Care Coverage Purchased Through...

On July 22, 2014, three-judge panels of the U.S. Courts of Appeals for the District of Columbia and Fourth Circuits issued conflicting decisions regarding whether the Affordable Care Act (ACA) permits federal tax credits for...more

7/25/2014 - Affordable Care Act Halbig v Burwell Healthcare IRS King v Burwell Subsidies Tax Credits

Closely Held Corporations Can Be Exempt from ACA Contraception Provisions Based on Religious Objections

The Patient Protection and Affordable Care Act (ACA) requires certain employers to cover women’s preventive health care under their nongrandfathered group health plans at no cost to employees. The U.S. Department of Health...more

7/3/2014 - Affordable Care Act Burwell v Hobby Lobby Contraceptive Coverage Mandate Contraceptives FDA Healthcare HHS Hobby Lobby relig Religious Freedom Restoration Act SCOTUS

IRS Rules Captive Reinsurance Arrangement Involving Retiree Medical Benefits Qualifies as Insurance for Federal Tax Purposes

On May 18, 2014, the Internal Revenue Service (IRS) ruled that an employer’s wholly owned captive insurance subsidiary could reinsure the employer’s retiree medical benefit risks and still qualify as insurance for federal tax...more

6/2/2014 - Captive Insurance Company Healthcare IRS Medical Benefits Reinsurance Retirement

U.S. Department of Labor Issues Proposed Regulations Amending the COBRA Notice Requirements

On May 2, 2014, the U.S. Department of Labor (DOL) Employee Benefits Security Administration (EBSA) issued proposed regulations which seek to amend the notice requirements under the Consolidated Omnibus Budget Reconciliation...more

5/7/2014 - Affordable Care Act COBRA DOL EBSA Notice Requirements Proposed Regulation

IRS Releases 2015 Amounts for HSAs, HDHPs

On April 23, 2014, the U.S. Treasury Department and Internal Revenue Service (IRS) released Revenue Procedure 2014-30, which lists the 2015 indexed amounts, adjusted for inflation, for health savings accounts and...more

4/25/2014 - HDHP Health Savings Accounts Healthcare IRS

Final Regulations Issued Regarding Employer Reporting Requirements Under ACA

Recently issued final regulations on the employer reporting requirements under the Affordable Care Act (ACA) clarify and streamline the process for reporting information relating to the provision of minimum essential coverage...more

3/14/2014 - Affordable Care Act Compliance Employer Mandates Healthcare Individual Mandate IRS Reporting Requirements Shared Responsibility Rule

Final Regulations Issued Regarding Employer Shared Responsibility Under the ACA

Recently issued final regulations on the employer pay-or-play rules under the Affordable Care Act (ACA) clarify the requirement that employers provide health coverage to full-time employees and their dependents, or pay a...more

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

Proposed Regulations Expand the Definition of Excepted Benefits

Recently issued proposed regulations would expand the categories of excepted benefits under the Employee Retirement Income Security Act of 1974 (ERISA), the Internal Revenue Code (the Code) and the Public Health Service Act. ...more

1/30/2014 - Affordable Care Act DOL Employee Benefits ERISA Exemptions Healthcare HIPAA U.S. Treasury Wraparound Coverage

New Health Savings Account Contribution and Distribution Forms Issued by IRS

The Internal Revenue Service recently issued its 2014 versions of the Health Savings Account contribution and distribution forms and instructions. The forms released, and a link to those forms are below...more

1/27/2014 - Health Savings Accounts Healthcare IRS

New FAQs Released Regarding Implementation of the Affordable Care Act and Mental Health Parity

Recent guidance clarifies important issues under the Affordable Care Act, including mental health parity requirements; coverage of preventive care services; cost-sharing requirements; and out-of-pocket maximums, wellness...more

1/15/2014 - Affordable Care Act Healthcare Healthcare Reform Indemnity Insurance Mental Health Mental Health Parity Rule MHPAEA Preventive Health Care

Final Regulations on the Mental Health Parity and Addiction Equity Act of 2008 and New Affordable Care Act FAQs

Final regulations have been issued implementing the Mental Health Parity and Addiction Equity Act of 2008 (Act). The Act generally requires group health plans (or health insurance coverage offered in connection with such a...more

11/20/2013 - Affordable Care Act Healthcare Mental Health Parity Rule MHPAEA

Modification of “Use It or Lose It” Rule for Health Flexible Spending Arrangements

The Internal Revenue Service recently issued new guidance modifying the “use it or lose it” rule applicable to health flexible spending arrangements (FSAs) to allow carryover of certain unused health FSA amounts into the next...more

11/4/2013 - Affordable Care Act Carryover Basis Flexible Spending Accounts Healthcare IRS Medical Reimbursement

New Guidance Clarifies Health Reimbursement Arrangements Under ACA

Recently issued guidance clarifies the application of certain provisions under the Affordable Care Act (ACA) to health reimbursement arrangements, employer payment plans, health flexible spending arrangements and employee...more

10/24/2013 - Affordable Care Act Employee Assistance Programs Employee Benefits Employer Mandates Flexible Spending Accounts Healthcare Healthcare Reform HRA Payment Plans Reimbursements

Additional Affordable Care Act Guidance Clarifies Exchange Notices and 90-Day Waiting Period

Recent guidance clarifies the exchange notice requirement and the 90-day waiting period limitation under the Affordable Care Act. The U.S. Departments of Labor (DOL), Health and Human Services, and the Treasury (the...more

9/26/2013 - Affordable Care Act DOL Employer Group Health Plans Health Insurance Exchanges Healthcare Marketplace Notice Waiting Periods

IRS Issues Proposed Regulations on Information Reporting under the Affordable Care Act

Recently issued guidance clarifies annual information reporting requirements for insurers and employers under the Affordable Care Act (ACA). The required reporting enables the Internal Revenue Service to determine compliance...more

9/12/2013 - Affordable Care Act Compliance Employer Mandates IRS Proposed Regulation Reporting Requirements Shared Responsibility Rule Tax Credits

Treasury Department & IRS Issue DOMA Guidance —Adopt a “State of Celebration” Approach

In Internal Revenue Service (IRS) Revenue Ruling 2013-17, the U.S. Department of the Treasury and the IRS on August 29, 2013, ruled that legally married same-sex couples will be treated as married for federal tax purposes. ...more

9/3/2013 - DOMA IRS Marriage Same-Sex Marriage SCOTUS Tax Benefits U.S. Treasury US v Windsor

Important Reminder Regarding PCORI Fees

An important deadline is looming under the Affordable Care Act (ACA) for employers that sponsor certain self-insured group health plans and issuers of certain health insurance policies. Under the ACA, employers and insurers...more

7/23/2013 - Affordable Care Act Employer Group Health Plans Fees Form 720 Health Insurance Healthcare PCORI

Transition Relief on Certain Information Reporting and Employer Shared Responsibility Provisions

The Internal Revenue Service has provided transition relief for 2014 from the information reporting requirements under Internal Revenue Code Sections 6055 and 6056, and from the employer pay-or-play penalties under Code...more

7/11/2013 - Affordable Care Act Compliance IRS Pay or Play Reporting Requirements Shared Responsibility Rule Transition Relief

Final Affordable Care Act Regulations on the Exemption of Contraceptives Coverage by Religious Employers and Student Health...

The final regulations retain the definition of a religious employer, modify the accommodations provided for eligible organizations that object to contraception coverage on religious grounds, and describe how contraceptives...more

7/5/2013 - Affordable Care Act Contraceptive Coverage Mandate Contraceptives Employer Group Health Plans Healthcare Religious Institutions Self-Insured Health Plans Students

Additional Guidance Issued on Summary of Benefits and Coverage Disclosure Requirements

The U.S. Departments of Labor, Health and Human Services, and the Treasury recently issued new guidance and templates regarding the summary of benefits and coverage requirement under the Patient Protection and Affordable Care...more

5/3/2013 - Affordable Care Act Disclosure Requirements DOL Healthcare HHS SBC

Favorable Temporary ACA Exemption for Expatriate Health Plans

Recently issued guidance addresses the unique compliance issues surrounding expatriate health plans under the Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act...more

5/2/2013

ACA Guidance on 90-Day Waiting Periods and Certificates of Creditable Coverage

Recently issued Affordable Care Act guidance clarifies the prohibition on waiting periods in excess of 90 days and eliminates the requirement to issue HIPAA group health plan certificates of creditable coverage after December...more

4/12/2013 - Affordable Care Act Healthcare HIPAA Multiemployer Plan Pay or Play Proposed Regulation Waiting Periods

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