By release of Notice 2018-97, the IRS provided initial guidance on the application of new Section 83(i) of the Internal Revenue Code, as enacted by the Tax Cuts and Jobs Act (2017). Additional guidance is expected in the...more
On December 3, 2018, the United States Supreme Court heard oral argument in Dawson v. Steager, a case addressing West Virginia’s personal income tax regime, which exempts state employee retirement benefits without offering...more
Health and Fringe Benefit Plan Limits -
The IRS has updated various health and fringe benefit plan limits for 2019. A comparison of the 2019 and 2018 limits is listed below....more
Health Reimbursement Accounts (HRAs) are employer funded, account-based health plans which, by design, reimburse up to a fixed dollar amount of medical expenses. The Affordable Care Act (ACA) has severely limited their use...more
As most plan sponsors know, demand letters and lawsuits from out-of-network providers have been on the rise the past few years. This rise in out-of-network provider demands and lawsuits is a product of the sharp rise in...more
Over the past several years, employers have increased the breadth and depth of their employee wellness programs. Many programs give rewards for biometric screenings and attending health fairs on the employer’s premises, as...more
In June, the Department of Labor issued a final rule that allowed the expansion of Association Health Plans (AHPs). The final rule revised the definition of who can qualify as an “employer” under ERISA and loosened the...more
The Northern District of California recently considered a case brought by a hospital against a self-funded health plan claiming the underpayment of out-of-network claims (Salinas Valley Memorial Healthcare System vs. Rocket...more
The Department of Labor has issued a final rule that adopts a new regulation at 29 CFR 2510.3-5 that will allow an expansion of Association Health Plans (AHPs) by revising the definition of who can qualify as an “employer”...more
This is Part II of our blog post on employer wellness planning for 2019. Part I of our blog post explained the ongoing saga between AARP and the EEOC with respect to the ADA and GINA final regulations. We discussed that the...more
Employers who sponsor wellness programs that offer incentives once again face legal uncertainty. On December 20, 2017, in AARP v. United States Equal Employment Opportunity Commission, the United States District Court for...more
A few weeks ago, the Securities and Exchange Commission (SEC) issued an informational bulletin (Bulletin) on Health Savings Accounts (HSAs). The Bulletin provides a basic overview of what an HSA is, the tax-advantaged...more
To reduce the cost of maintaining an ERISA plan and reduce the expense of ERISA litigation, it is helpful to have courts both apply a deferential standard of review and limit the review to the administrative record. If an...more
Given the emphasis being placed by the Department of Labor on compliance with the Mental Health Parity and Addiction Equity Act (the “MHPAEA”), health plan administration should be reviewed in light of the new proposed...more
It is not uncommon for employers to place the burden on employees of informing the employer when a dependent becomes ineligible for a benefit. Plan documents and SPDs should provide notice that if these rules are not...more
Under the Tax Cuts and Jobs Act (the “Act”) employers are no longer allowed to take a deduction for qualified transportation fringe benefits provided to employees (other than qualified bicycle commuting reimbursements which...more
Questions have arisen recently as to various state mandated preventive care requirements and whether such requirements violate the HDHP preventive care rules. As background, to be eligible to contribute to an HSA, an...more
Late last year, Congress enacted the Tax Cuts and Jobs Bill into law. As we discussed in prior posts, one of the changes affecting health and welfare plans is a change to the way the Internal Revenue Service calculates cost...more
Last week the Chronic Disease Management Act of 2018 (the “Act”) was introduced in the House of Representatives. In its current form, the Act intends to assist health plan participants with chronic conditions by waiving the...more
Over the past several years various state and local governments have passed paid family leave, paid disability leave and paid sick leave requirements for employers operating in those jurisdictions. California and New York...more
The stopgap funding bill passed by Congress and signed by President Trump yesterday keeps the government open for another three weeks. It also funds the Children’s Health Insurance Program (“CHIP”) for the next six years....more
A newly issued proposed rule significantly relaxes the Department of Labor requirements that currently limit the availability of association health plans (AHPs) and if finalized in its currently form will profoundly affect...more
Late on December 15th, the House-Senate Conference Committee released the final tax bill. The House and Senate molded the differences between the previous House and Senate versions, with most of the Final Tax Bill looking...more
The answer is most likely. In a prior post we discussed that on October 12th the Department of Labor provided for a 90-day delay to April 1, 2018. Since that time the Department of Labor reviewed whether the new...more
The Senate is back in session this week. One of the most important items is the vote on the Senate’s version of 2017 tax reform. As background, the House has already passed its 2017 tax reform bill. The Senate’s version...more