Susan M. Nash

Susan M. Nash

McDermott Will & Emery

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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

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

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

View From McDermott: Employer Pay-or-Play Mandates Under Health-Care Reform

This fall, open enrollment is well underway for individuals and small employers under the state and federally facilitated marketplace exchanges created by the Affordable Care Act. As exchange coverage becomes available,...more

1/15/2014

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

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

Finalized ACA Regulations on Transitional Reinsurance Program Premiums and Potential Effects for Employer-Sponsored Group Health...

As part of the Patient Protection and Affordable Care Act, the U.S. Department of Health and Human Services (HHS) recently released final regulations regarding the transitional reinsurance program fee effective in CY 2014. ...more

3/7/2013 - Affordable Care Act COBRA Employer Group Health Plans HHS Qualified Benefit Plans Reinsurance Transitional Reinsurance Program

Staying the Course: HHS Finalizes the Essential Health Benefits Regulations for 2014

The U.S. Department of Health and Human Services (HHS) Essential Health Benefits Final Rule and actuarial value regulations offer few surprises and much needed certainty to enable group health plans and health insurance...more

2/27/2013 - Cost-Sharing Employer Group Health Plans Essential Health Benefits Health Savings Accounts HHS HRA Prescription Drug Coverage

DOL Audit Letters Requesting Proof of Compliance with Health Care Reform Requirements

The U.S. Department of Labor (DOL) audits already evaluate a company’s compliance on a spectrum of laws, statutes and regulations. However, the DOL has updated and revamped its audit letter to now also capture compliance...more

2/20/2013 - Affordable Care Act Audits Compliance DOL Employer Group Health Plans

New HIPAA Regulations Affect Business Associates and Subcontractors

The Health Insurance Portability and Accountability Act omnibus regulations recently released by the U.S. Department of Health and Human Services have significant ramifications for business associates and subcontractors of...more

2/11/2013 - Business Associates Data Protection Electronic Medical Records HIPAA HIPAA Omnibus Rule HITECH Patient Confidentiality Breaches PHI Subcontractors Vicarious Liability

Proposed ACA Regulations on Transitional Reinsurance Program Premiums and Potential Effects for Employer-Sponsored Group Health...

As part of the Patient Protection and Affordable Care Act (ACA), the U.S. Department of Health and Human Services (HHS) recently released proposed regulations regarding the estimated amount of annual contributions that are...more

12/7/2012 - Affordable Care Act Employer Group Health Plans HHS Medicare

New Proposed Wellness Guidance under PPACA

New proposed employer wellness program regulations have been released under the Patient Protection and Affordable Care Act. On November 20, 2012, the U.S. Departments of the Treasury, Labor (DOL) and Health and Human...more

11/28/2012 - DOL HHS Wellness Programs

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