The Supreme Court released its opinion today in a highly anticipated third challenge to President Obama’s signature health care law, the Patient Protection and Affordable Care Act (“ACA”).
The 7-2 majority opinion,...more
Today, the Internal Revenue Service announced increases to the health savings account contribution limits for 2022. HSA contributions increased from $3,600 to $3,650 for 2022 self-only coverage, and from $7,200 to $7,300 for...more
The American Rescue Plan Act of 2021 (“ARPA”) includes a provision amending the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) to provide COBRA premium assistance to eligible individuals. The ARPA COBRA...more
The American Rescue Plan Act of 2021 (“ARPA”) increases the dependent care flexible spending arrangement (“DCFSA”) annual limit from $5,000 to $10,500. The increase only applies to the 2021 calendar year. Employers are not...more
In May 2020, the Department of Labor jointly with the Department of Treasury and the Internal Revenue Service (the “Agencies”) released guidance delaying and extending many common deadlines for employee benefit plans. In...more
The COVID-relief bill , which included year-end government funding provisions, was signed by President Trump last night. The President signed the law by utilizing the Impoundment Control Act of 1974, and he redlined a number...more
For calendar year 2021, the Health FSA contribution limit and the parking and transit limits remain the same. Other limits increase only slightly....more
The Internal Revenue Service (IRS) released Notice 2020-76 on October 2, 2020, announcing a delay in the deadline for distribution of Forms 1095-B and Forms 1095-C to participants by employers, health insurers and other...more
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Today the Internal Revenue Service issued guidance and transitional rules regarding the Patient-Centered Outcomes Research (“PCOR”) fee for plan years ending on or after October 1, 2019 and before October 1, 2020...more
The Department of Labor (“DOL”) posted new model notices on its website which employers may use to satisfy notice obligations under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), along with a short...more
The Department of Labor in connection with other agencies (the “Agencies”) have released guidance delaying and extending many common deadlines for employee benefit plans. In EBSA Disaster Relief Notice 2020-01, the DOL...more
An employer is responsible for paying its share (6.2 percent) of Social Security taxes and its share (1.45 percent) of Medicare taxes for each employee’s covered wages. Generally, an employer must deposit such amounts to the...more
Earlier this week the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) passed the Senate and today has passed the House. President Trump has indicated that he will immediately sign the CARES Act. The Act...more
Emergency Withdrawals. Participants in defined contribution plans (profit sharing, 401(k), and 403(b) plans) could access their retirement savings now if plans are amended to allow coronavirus-related withdrawals....more
This afternoon the Senate passed the Families First Coronavirus Response Act, H.R. 6201 (the “Act”) sending it to President Trump’s desk. The President has already indicated that he will sign it. The Act remains unchanged...more
Updated from a Previous Post -
Early Saturday morning, the House of Representatives passed the Families First Coronavirus Response Act, H.R. 6201 (the “Bill”). As currently drafted the Bill provides a number of COVID-19...more
Today, the IRS issued Notice 2020-15 that allows a high deductible health plan (HDHP) to provide first dollar coverage for both testing and treatment of the coronavirus. This means that claims for testing and treatment may...more
The Internal Revenue Service (IRS)’s Office of Chief Counsel recently issued a memorandum (the “CCM”) announcing that the Employer Shared Responsibility Payment (“Employer Penalty”) under Code Section 4980H is effectively not...more
The Supreme Court announced yesterday that it would grant certiorari with respect to two petitions relating to a challenge to the constitutionality of the Affordable Care Act....more
On February 4th, the Ohio Supreme Court ruled that the City of Cleveland may statutorily and constitutionally tax stock option income that a Florida resident received upon exercise in 2014 and 2015 on stock options granted to...more
HHS recently issued its proposed Notice of Benefit and Payment Parameters (“NBPP”) for the 2021 calendar year. The 2021 Proposed NBPP allows health plans, including self-insured group health plans, to voluntary count the...more
CMS recently issued an updated version of the Section 111 Mandatory Group Health Plan Reporting Guide. The Guide provides rules on how responsible reporting entities (RREs) must report group health plan coverage to CMS for...more
Yesterday, language to eliminate the Cadillac and other ACA taxes was included in must pass spending legislation. The Consolidated Spending Bill is set to be voted on by the House and Senate and signed by the President by...more
In April 2011, the U.S. Department of Labor (DOL) requested information from the public on how the DOL could structure a new safe harbor for electronic disclosures under ERISA. The DOL received hundreds of comments from...more
As employers have noticed, there is a growing wave of COBRA notice class action lawsuits filed against large employers with at least six cases being filed in 2019 alone.
In each of the cases, the plaintiffs allege that the...more