Diane Thompson

Diane Thompson

Ballard Spahr LLP

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Federal Courts Make Conflicting Rulings on Premium Assistance for Federal Exchange Plan Participants

Does the Affordable Care Act (ACA) authorize the payment of premium and copayment subsidies, or “premium assistance subsidies,” to individuals enrolled in a federally established Exchange? On July 22, 2014, two federal courts...more

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

Midyear Check on Health Plan Compliance

If you sponsor or administer a group health plan, you are almost certainly taking steps to prepare for legal requirements that will become effective on or before January 1, 2015. New rules under HIPAA, the Affordable Care Act...more

7/15/2014 - Affordable Care Act Compliance Employer Group Health Plans Healthcare

U.S. Judge Strikes Down Same-Sex Marriage Ban in Pennsylvania

Today, a U.S. District Court in Pennsylvania nullified Pennsylvania’s Marriage Laws, holding that they violate the due process and equal protection clauses of the 14th Amendment to the U.S. Constitution. If the ruling stands...more

5/21/2014 - DOMA Due Process Equal Protection Marriage Same-Sex Marriage SCOTUS US v Windsor

New FAQs Address Effect of Affordable Care Act on COBRA and Other Matters

In a wide-ranging set of frequently asked questions (FAQs) and other guidance, the U.S. Departments of Labor, Treasury, and Health and Human Services have addressed a number of issues pertaining to the Affordable Care Act...more

5/8/2014 - Affordable Care Act CHIPRA COBRA Corporate Counsel Cost-Sharing DOL FSA Healthcare HHS Preventive Health Care U.S. Treasury

IRS Issues Rules for Recognizing Same-Sex Spouses under Retirement Plans

Last week, the Internal Revenue Service issued Notice 2014-19, which sets forth the rules for recognition of same-sex spouses in retirement plan administration, as required under the U.S. Supreme Court's decision in U.S. vs....more

4/8/2014 - DOMA IRS Retirement Plan Same-Sex Marriage US v Windsor

IRS Issues Guidance on Health FSAs

The IRS has issued guidance on two issues affecting health flexible spending arrangements (health FSAs). The first provides guidance on how a health FSA that consists solely of amounts carried forward from the prior year...more

4/4/2014 - Flexible Spending Accounts Healthcare HSA IRS

IRS To Apply One-Rollover-Per-Year Limit on IRA Rollovers

The Internal Revenue Service (IRS) has provided guidance that it will follow a recent tax court decision interpreting an Internal Revenue Code requirement allowing taxpayers to complete only one rollover per year from an...more

3/25/2014 - IRA IRA Rollovers IRS

IRS Issues Welfare Plan Guidance for Same-Sex Spouses in View of DOMA Ruling

The Internal Revenue Service has published a new notice that addresses specific questions on how the U.S. Supreme Court’s decision in U.S. v. Windsor, recognizing same-sex marriage, affects elections and contributions under...more

12/20/2013 - DOMA Flexible Spending Accounts Health Savings Accounts IRS Same-Sex Marriage SCOTUS US v Windsor

New IRS Guidance Modifies the ‘Use-It-or-Lose-It’ Rules for Health Flexible Spending Accounts

The Internal Revenue Service will now allow an employer-sponsored health flexible spending account (FSA) program to permit the carryover of up to $500 in unused health FSA funds from one year to the next. ...more

11/5/2013 - Carryover Basis Flexible Spending Accounts Healthcare IRS U.S. Treasury

IRS Issues Proposed Regulations on Employer-Provided Health Care Coverage Reporting Requirements

The Internal Revenue Service has issued proposed regulations on reporting requirements under the Affordable Care Act (ACA). The regulations, released on September 9, 2013, address two separate ACA reporting requirements: one...more

10/25/2013 - Affordable Care Act Employer Mandates Healthcare Individual Mandate IRC IRS Penalties Reasonable Cause Defense W-2

SEC Issues Proposed Rule on Pay Ratio Disclosure

On Sept. 18, 2013, the Securities and Exchange Commission (SEC) issued its proposed rule on the CEO-to-median employee pay ratio disclosure. This proposed rule adds disclosure requirements to Item 402 of Regulation S-K, as...more

9/23/2013 - CEOs Disclosure Requirements Dodd-Frank Pay Ratio Regulation S-K SEC Wages

U.S. Department of Labor Follows IRS Ruling on Recognition of Same-Sex Marriage

The U.S. Department of Labor (DOL) yesterday announced that same-sex couples legally married in a jurisdiction that recognizes their marriage will be treated as married for purposes of the Employee Retirement Income Security...more

9/20/2013 - DOL DOMA Employee Benefits ERISA HIPAA IRS Marriage Same-Sex Marriage SCOTUS Tax Benefits US v Windsor

U.S. Treasury Department Rules on Recognition of Same-Sex Marriage

The U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) yesterday ruled in Revenue Ruling 2013-17 that same-sex couples, legally married in a jurisdiction that recognizes their marriage, will be...more

8/30/2013 - DOMA Income Taxes IRS Marriage Same-Sex Marriage SCOTUS U.S. Treasury

FMLA Coverage Extended to Same-Sex Couples

The U.S. Department of Labor (DOL) on August 9 issued a revised Fact Sheet to provide guidance on Family and Medical Leave Act (FMLA) protections for same-sex couples....more

8/15/2013 - DOL DOMA Employee Benefits Marriage Same-Sex Marriage SCOTUS Thomas Perez US v Windsor

Federal District Court Awards Pension Benefit to Same-Sex Spouse

The U.S. District Court for the Eastern District of Pennsylvania has ordered a profit sharing plan to pay death benefits to the same-sex spouse of a deceased employee....more

8/5/2013 - Death Benefits DOMA Employee Benefits Marriage Same-Sex Marriage

Effective Date of ACA Employer Mandate (Pay or Play) is Postponed

In a startling development, the federal government appears ready to delay by one year the effective date of one of the central provisions of the Affordable Care Act (ACA)—the shared responsibility provisions (more commonly...more

7/3/2013 - Affordable Care Act Delays Employer Mandates Pay or Play Shared Responsibility Rule Tax Penalties U.S. Treasury

U.S. Supreme Court Rules Defense of Marriage Act is Unconstitutional

Today, the U.S. Supreme Court ruled in a 5-4 vote that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. The decision in United States v. Windsor means that same-sex couples who are married under state law...more

6/27/2013 - Discrimination DOMA Due Process Employee Benefits Equal Protection Estate Tax Hollingsworth v Perry Proposition 8 Same-Sex Marriage SCOTUS Sexual Orientation Discrimination Standing US v Windsor

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