Nancy Brower

Nancy Brower

Poyner Spruill LLP

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Latest Publications


New Projects and Updates From the IRS Employee Plans Compliance Unit

The IRS Employee Plans Compliance Unit (EPCU) recently announced two new projects and updated two others. In each case EPCU is using compliance checks as a tool to increase IRS enforcement presence and ensure compliance....more

10/6/2015 - 401k 457(b) Plans Audits Benefit Plan Sponsors Corporate Counsel DOL Employee Benefits Employer Liability Issues IRS

Corridors September 2015 - News for North Carolina Hospitals

This article will provide an outline of some of the most significant points for hospitals to use when confronted with a formal government investigation under the Criminal or Civil False Claims Act. As noted below, you should...more

8/26/2015 - CMS Compliance Data Protection DOJ Employee Privacy Rights End-of-Life-Care Government Investigations Healthcare HHS HIPAA Hospitals Internal Investigations IRS OIG Physicians Recruitment Policies Rural Health Care Program Rural Health Care Providers Section 501r Stark Law

Access to Employee Benefit Records - Take Action Now to Avoid Issues Later

Today, many records relating to employee benefits reside with vendors administering those benefit plans (including forms mandated by statute and regulations, participant phone call center recordings and notes, benefit...more

8/18/2015 - Benefit Plan Sponsors Best Practices Document Requests Document Retention Policies Payroll Records Plan Documents Third-Party Service Provider Vendors

What Does the Latest EEOC Guidance Mean for Wellness Plans?

For years employers have been designing their wellness plans to satisfy the requirements of the HIPAA regulations. While the HIPAA compliance roadmap was clear, there was uncertainty as to when a wellness plan would satisfy...more

5/13/2015 - ADA EEOC Employer Group Health Plans GINA HIPAA Voluntary Participation Wellness Programs

EEOC Sues Alleging Employer’s “So-Called Voluntary” Wellness Plan Violated ADA

In Equal Employment Opportunity Commission v. Orion Energy Systems, Inc., filed last month, the EEOC alleged that an employer violated the ADA because the employer: (1) subjected an employee to a health risk assessment and...more

9/30/2014 - ADA EEOC Employer Liability Issues ERISA HIPAA Wellness Programs

IRS Guidance On Same-Gender Marriage - What Actions Should Plan Sponsors Take Now

Following the Supreme Court’s decision in United States v. Windsor, the IRS announced in Revenue Ruling 2013-17 that lawfully married same-sex couples would be treated as married for all Internal Revenue Code purposes. On...more

5/6/2014 - IRS Marriage Retirement Plan Same-Sex Marriage SCOTUS Tax Benefits US v Windsor

Do Your Plans Include a Time Limit on a Participant’s Right to Sue?

Some, but far from all, employee benefit plans set a limit on the amount of time a participant has to file a lawsuit claiming benefits under the plan. Until recently, however, not all courts would recognize these plan...more

3/5/2014 - Employee Benefits ERISA Heimeshoff v. Hartford Life & Accident Insurance Co. Limitation Periods SCOTUS Statute of Limitations

IRS Modifies FSA Use-or-Lose Rule

The IRS recently modified the “use-it-or-lose-it” rule for healthcare flexible spending accounts (FSAs) to permit a limited carryover of unspent funds from one plan year to the next. Effective immediately, plan sponsors may...more

12/3/2013 - Carryover Basis Flexible Spending Accounts Healthcare IRS Use or Lose Rule

Paying Fees from the Plan is Not a "No-Brainer"!

Although using the revenue generated by the Plan’s investment funds to pay investment, advisory or recordkeeping fees may seem at first a “no-brainer”, this decision requires financial analysis, assessment of fiduciary...more

11/6/2013 - Benefit Plan Sponsors DOL Employer Liability Issues Fees Investment Funds

DOL Policy Allows Employers A Limited Opportunity To Re-Set Timing Of Annual Participant Fee Disclosures

The DOL’s new participant fee disclosures regulations took effect last year. These rules require 401(k) and other participant-directed plans to provide participants with an annual disclosure of certain plan and fee...more

9/9/2013 - 401k Disclosure Requirements DOL Fees IRS New Regulations Safe Harbors

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