Health & Welfare Plans Newsletter

June 26, 2018

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[Official Guidance]

Text of CMS Reporting Form for Plan Sponsors Offering Limited Wraparound Coverage (PDF)

"[This] Reporting Form ... is used by Plan Sponsors of Limited Wraparound Coverage to satisfy the reporting requirement that must be met for the Limited Wraparound Coverage to qualify as an excepted benefit under [ERISA], the Internal Revenue Code, and the Public Health Service Act ... Who Must File ... When to File ... Where to File ... Instructions for the Form ... Form Questions: Part I -- Identification Information ... Part II -- Background Information ... Part III -- Attestation and Signature." [OMB Control No. 0938-1351, published online June 25, 2018, expiration date June 30, 2021] Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]

[Advert.]

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July 25 webinar will address the changes taking place in parental leave policies and how to develop a policy which is legally compliant, and which is best suited to help employers recruit and retain employees. Discount for BenefitsLink readers .


[Guidance Overview]

Green Light for AHPs

"The final rule [requires] that a group or association of employers have at least one substantial purpose other than the provision of health benefits to its members. This is defined quite broadly, and could include simply offering conferences, classes or educational material on business issues to members or conducting public relations activities such as advertising and education on business issues. The primary purpose of the group can be the provision of health insurance." Kilpatrick Townsend

[Guidance Overview]

DOL Finalizes Rule to Expand Associated Health Plans

"AHPs will be open to the self-employed (working owners) if they meet certain hours worked requirements or have a level of income from self-employment that supports the cost of the individual's coverage. The proposed rule would have allowed an AHP to simply accept the certification of the working owner that he/she met those qualifications. The final rule ... offers flexibility while at the same time making it clear that AHP fiduciaries have a duty to reasonably determine and monitor that working owners meet the final rule's conditions for coverage." Benefit Revolution

[Guidance Overview]

DOL Expands Access to Association Health Plans

"Opposition to the expansion of AHPs has primarily focused on: [1] The potential for fraudulent and thinly capitalized AHPs that fail to pay participants' medical claims; [2] The reduced consumer protections applicable to AHPs, because large AHPs would be able to obtain health coverage on the large group market; and [3] The potential that the expansion of AHPs could make the small group and individual health insurance markets less stable by diverting healthy individuals to AHPs. The Attorney Generals for New York and Massachusetts intend to file a lawsuit challenging the legality of the new regulations." Mazursky Constantine LLC

Thinking About an Association Health Plan? Read the Fine Print

"What are association health plans and what did the administration change? ... When will the plans be available? ... The ACA added some popular protections, including requiring plans to cover preventive care without charging consumers anything out-of-pocket and allowing people to keep their kids on their plan until they reach age 26. How will these provisions be handled under association health plans? ... How are preexisting medical conditions handled in the new rule? ... Will the plans cover a broad range of benefits? ... How could premiums be affected? ... Who's likely to benefit under the rule? ... What if an employer offers a really skimpy plan? Are workers stuck with it?" Kaiser Health News

Talking Wellness with Your CFO (Minus the ROI Goggles)

"Build and present a well-rounded case that goes beyond healthcare claims and includes things like the value of employee feedback, the benefits of engagement, the savings that comes from retaining an employee, and the importance of leading your industry in attracting talent. If the CFO's still skeptical you could propose doing a pilot program before jumping into a more comprehensive wellness strategy." Frenkel Benefits

Is a Benefits Captive Right for Your Company?

"A benefits captive pools self-funded employers together to save on stop-loss insurance ... which could cut claim minimums by half -- from $50,000, which would be out of reach for many employers, to a much more manageable $25,000, for example. Individual employers take on risk below the minimum, and then transfer risk to the captive above that amount. Sharing risk is attractive to employers; however, this only makes sense if each member of the benefits captive is working equally hard to mitigate risk and keep claims low. There are a few ways to do this." Corporate Synergies

Some Big Employers Moving Away from High Deductible Health Plans

"Today, 39 percent of large employers offer only high-deductible plans, up from 7 percent in 2009 ... Half of all workers now have health insurance with a deductible of at least $1,000 for an individual, up from 22 percent in 2009 ... About 41 percent say they can't pay a $400 emergency expense without borrowing or selling something[.]" Insurance Journal

When Retail Giants Like Walmart and Amazon Invade Healthcare

"Walmart and Amazon have each revolutionized other industries: What's to keep either or both of them from turning healthcare on its head, dethroning the sector's traditional powerbrokers in the process? ... Walmart's accessibility and its rapport with a wide range of consumers, especially among aging populations, could make it a logical partner for some providers. It could even be helpful in developing chronic care models[.]" HealthLeaders Media

Prescription Drug Costs Retirees Should Expect to Pay

"The majority of Medicare Part D plans (55 percent) have a deductible before medications will be covered.... Medicare Part D plans have a formulary, or list of covered medications. These medications are typically grouped into tiers that have different costs for plan participants.... Retirees who need to take medications classified as non-preferred brand name drugs or specialty drugs often need to pay coinsurance, or a percentage of the price of the medicine." U.S. News & World Report

Benefits in General

Text of IRS Publication 4557: Safeguarding Taxpayer Data -- A Guide for Your Business (PDF)

21 pages, rev. June 2018. "Data security is now a necessity for every tax professional, whether a partner in a large firm or a sole practitioner, and every Authorized IRS e-File Provider. Every employee, both professional and administrative staff, should be educated about security threats and safeguards.... According to the FTC Safeguards Rule, tax return preparers must create and enact security plans to protect client data. Failure to do so may result in an FTC investigation." Internal Revenue Service [IRS]

Text of IRS Publication 5293: Data Security Resource Guide for Tax Professionals (PDF)

"The Data Security Resource Guide for Tax Professionals is intended to provide a basic understanding of minimal steps to protect client data. All tax professionals are encouraged to work with cybersecurity professionals to ensure secure systems. Protecting taxpayer data from theft and disclosure is your responsibility." [Rev. May 2018] Internal Revenue Service [IRS]

Is Your Plan's IRS Form 5500 Complete, Accurate, and Ready for Filing?

"[I]ssues to look out for include: [1] Reporting the incorrect plan name, employer name, and/or plan number.... [2] Reporting of late deposits and/or qualification failures in an appropriate manner. [3] Misreporting on 'Schedule C.' ... [4] Entering incorrect codes describing the plan characteristics. [5] Reporting that there is no 'ERISA fidelity bond' in place ... [6] Misreporting the use or nonuse of leased employees. [7] Misreporting relating to controlled group, affiliated service group, multiple employer, or multiemployer status." Hawley Troxell

North Carolina Creates Solvency Fund to Pay Down Unfunded Employee Benefit Liabilities

"The Unfunded Liability Solvency Reserve Act creates a reserve that will be funded through several sources, including General Assembly appropriations, overflows from the state's rainy day fund, or savings from refinancing of general obligation bonds. Between pension and health care, the state has $50 billion in unfunded liabilities, $35 billion in health care alone. The solvency fund is believed to be the only one of its kind in the nation[.]" Pensions & Investments

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Lois Baker, J.D., President
David Rhett Baker, J.D., Editor and Publisher
Holly Horton, Business Manager

BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2018 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.

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