Administrative Law, Tax Law, Health Law

Health Reform + Related Health Policy News Update - January 16, 2013

by Colleen M. Faddick, Bruce A. Johnson, Matthew Murer, Alan K. Parver | Polsinelli on 1/18/2013

In This Issue: - Fiscal Cliff Deal Lengthens Medicare Overpayment Recovery Period - Cutting Medicaid Provider Tax May Shift Costs to States, CRS Finds - MedPAC Finalizes Payment Recommendations, GAO Solicits...more

Payment Matters: Extension of Time for Overpayment Recoveries in Fiscal Cliff Law Not as Broad as it Sounds

by Thomas W. Coons, Leslie Demaree Goldsmith | Ober|Kaler on 1/18/2013

The recently passed fiscal cliff legislation, i.e., the American Taxpayer Relief Act of 2012 (Act) [PDF], includes a number of provisions addressing Medicare and Medicaid. One of these provisions extends the recovery period...more

Payment Matters: American Taxpayer Relief Act of 2012: Physician Cuts Averted, Hospitals to Carry Portion of Price Tag

by Kristen Cilento Carter | Ober|Kaler on 1/17/2013

Avoiding sending American taxpayers over the so-called “fiscal cliff,” Congress enacted the American Taxpayer Relief Act of 2012 (the “Act”) [PDF] that was signed into law on January 2, 2013. Of biggest note, the Act included...more

American Taxpayer Relief Act Amends Overpayment Recovery Time Limits

by Ameena Ashfaq, B. Scott McBride | BakerHostetler on 1/16/2013

The ATRA significantly alters provider rights related to overpayment recoupment, refunds, audits and claims appeals. A provision entitled "Removing obstacles to collection of overpayments" increases the statute of limitations...more

Healthcare Provisions In The American Taxpayer Relief Act - The Good, The Bad And The Ugly

by Susan Feigin Harris | BakerHostetler on 1/15/2013

In late night action on December 31, 2012, the American Taxpayer Relief Act of 2012 (ATRA) was passed by the Senate and finalized days later by Congress and the President with a set of tax and spending policy provisions...more

Employer Alert -- January 2013: IRS Proposed Regulations On PPACA’S Shared Responsibility Provisions Full of New Year Surprises...

by Eric N. Athey, Kelley E. Kaufman | McNees Wallace & Nurick LLC on 1/14/2013

On December 28, 2012, the Internal Revenue Service (“IRS”) issued long-awaited proposed regulations regarding the “shared responsibility” penalty provisions of the Patient Protection and Affordable Care Act (“PPACA”). In...more

Important Medicare Provisions Contained in Fiscal Cliff Compromise

by King & Spalding on 1/14/2013

On January 2, 2013, President Obama signed into law the American Taxpayer Relief Act of 2012 (ATRA), to avert the so-called fiscal cliff. While most popular coverage has focused on ATRA’s changes to the tax code, the new law...more

Health Law Update — January 10, 2013

by Darby C. Allen, Ameena Ashfaq, Donna S. Clark, Susan Feigin Harris, Theodore Kobus III, B. Scott McBride, Lynn Sessions, Summer Swallow, Robert Wolin | BakerHostetler on 1/14/2013

In This Issue: - Healthcare Provisions in the American Taxpayer Relief Act - the Good, the Bad and the Ugly - American Taxpayer Relief Act Amends Overpayment Recovery Time Limits - OIG Advisory Opinion Sheds...more

Health Care Reform: Preparations For 2014 Pay Or Play Rules Should Begin Now

by Andrew Malahowski | Franczek Radelet P.C. on 1/9/2013

By far the most important issue for employers to consider under the Affordable Care Act (ACA) is the employer “free rider penalty,” often referred to as “pay or play.” Instead of forcing employers to provide group health...more

The American Taxpayer Relief Act of 2012 and Anticipated Medicare and Medicaid Payment Reforms

by Ankur Goel, Anne W. Hance, Elizabeth K. Isbey, Joan Polacheck, Eric Zimmerman | McDermott Will & Emery on 1/9/2013

On January 1, 2013, the U.S. Congress approved the American Taxpayer Relief Act of 2012 (the Act), concluding a protracted debate on how to prevent the United States from falling over the proverbial “fiscal cliff.” President...more

2013 Filing and Notice Deadlines for Qualified Retirement and Health and Welfare Plans

by King & Spalding on 1/9/2013

Employers and plan sponsors must comply with numerous filing and notice deadlines for their retirement and health and welfare plans. Failure to comply with these deadlines can result in costly penalties and excise taxes. To...more

For Employers, Pay-or-Play Proposals Could Be Worse, Much Worse

by Timothy J. Stanton | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/9/2013

Could employee benefits regulatory activity under the Patient Protection and Affordable Care Act (Act) be taking a turn toward common sense?...more

IRS Releases Further Guidance on Employer Health Care Coverage Mandate and Penalties

by Jean C. Hemphill, Edward I. Leeds | Ballard Spahr LLP on 1/8/2013

The Internal Revenue Service has released proposed regulations and FAQs on the shared responsibility provisions of the Affordable Care Act (ACA). These rules require large employers to offer full-time employees and their...more

New IRS Rules for Employer Shared Responsibility Provisions under Health Care Reform

by Daniel Cooper | Armstrong Teasdale LLP on 1/8/2013

From an employer’s perspective, one of the most important components of the Affordable Care Act (ACA) is the employer shared responsibility provisions. The Internal Revenue Service (IRS) just issued proposed regulations...more

IRS Issues Proposed Rule on ACA Play or Pay Requirements

by Ilyse Schuman, David Weiner | Littler on 1/7/2013

Full implementation of healthcare reform under the Affordable Care Act (ACA) is less than a year away. The most important aspect of the new system for employers is the "employer shared responsibility" or "play or pay"...more

Government Agencies Provide Guidance on Taxes and Fees under the Affordable Care Act

by Jean C. Hemphill, Edward I. Leeds | Ballard Spahr LLP on 1/7/2013

In regulations and other pronouncements issued toward the end of 2012, the government has provided further details on new taxes and fees introduced by the Affordable Care Act (ACA)....more

IRS Issues Proposed Regulations On Employer Shared Responsibility Mandate

by Tracy Morley | XpertHR - Partnered with LexisNexis on 1/5/2013

On December 28, 2012, the Internal Revenue Service (IRS) issued proposed regulations providing guidance on the employer shared responsibility provisions under the Affordable Care Act (ACA). Additionally, a new set of...more

Healthcare Reform Update: IRS Regulations Address Full-Time Status Of Nine-Month Education Employees

by Eric N. Athey, Kelley E. Kaufman | McNees Wallace & Nurick LLC on 1/4/2013

The Patient Protection and Affordable Care Act ("PPACA") requires "large employers" (i.e., those regularly employing 50 or more full-time equivalents) to provide "affordable" health coverage of "minimum value" to "full-time...more

Health Care Reform Blog: Pay or Play Provisions of the Affordable Care Act

by Susan J. Freed | Davis Brown Law Firm on 1/4/2013

Late last week the IRS released proposed regulations implementing the employer “play or pay” provisions in the Affordable Care Act. The rules are applicable to employers with 50 or more full-time equivalents and outline the...more

2012-2013 Regulatory Agendas for Employee Benefits Published by DOL and Treasury

by Margaret C. Barker, Adam Cohen, Carol McClarnon, Jamey Medlin, Michael Miles, Joanna Myers, Vanessa Scott, W. Mark Smith, William Walderman, Carol Weiser | Sutherland Asbill & Brennan LLP on 1/3/2013

The principal regulators of U.S. employee benefits have recently published updates to their guidance plans for the coming months. - On December 24, 2012, the U.S. Department of Labor (DOL) updated its 2012 Semi-Annual...more

Affordable Care Act Update: Additional Medicare Tax Withholding Required in 2013

by Steve Gerlach | Bernstein Shur on 1/3/2013

The IRS recently issued guidance for employers on withholding the Additional Medicare Tax required under the Affordable Care Act starting in 2013...more

The Pluses and Pitfalls of Flexible Spending Accounts

by Janet Raasch | Lawyers.com on 1/3/2013

Healthcare flexible spending accounts are an employee benefit by which workers can set aside a certain amount of their salary, pre-tax, to use for healthcare costs. Some 33 million American workers currently take advantage of...more

Obamacare – Will the New Taxes Impact Me?

by Brendan Lund | Carr, McClellan, Ingersoll, Thompson & Horn -... on 1/2/2013

Political debate for the past two years has focused on the future of the Patient Protection and Affordable Care Act, more recently called “Obamacare,” and the taxes enacted by Congress to help pay for it. With the national...more

Excise Tax Kicks In Jan. 1 On Certain Medical Devices

by Scott D. Alfree, Lawrence P. Burns, Pamela Emenheiser, Zachary J. Meyer | Varnum LLP on 12/28/2012

Beginning January 1, 2013, manufacturers and importers of certain medical devices will be required by the U.S. Internal Revenue Service (IRS) to pay a new 2.3 percent medical device excise tax on the sales of taxable medical...more

Wellness Programs: Keeping Up With the Times

by Thomas N. Makris, Marta K. Porwit, Christine L. Richardson | Pillsbury Winthrop Shaw Pittman LLP on 12/28/2012

On November 20, 2012, the IRS, DOL and HHS jointly issued proposed regulations under the Affordable Care Act building on existing HIPAA regulations of wellness programs. The new proposed regulations provide clearer guidance...more

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Administrative Law › Tax Law › Health Law