Retirement Relationship Manager
Alerus Financial
in MN

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New Association Health Plan Rules (and the coming Association Retirement Plans)
November 28, 2018 WEBCAST
Clear Law Institute

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Text of CMS FAQ on Defrayal of State Additional Required Benefits (PDF)

Unnumbered document; Oct. 23, 2018. "Q1: Will a state that updates its EHB-benchmark plan pursuant to the flexibility finalized at 45 CFR Section 156.111 be subject to new defrayal requirements as a result of its EHB-benchmark plan selection? A1: No.... Q2: May states use their discretion in determining whether a state mandate requires defrayal? A2: No.... Q3: How can states that are concerned about the opioid epidemic make changes to benefits that are covered within their states without triggering a requirement to defray the cost of additional benefits? A3: ... [T]he three options, at Section 156.111(a)(1)-(3), ... may provide states with flexibility to address the opioid epidemic."
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]

The essential reference tool for multiemployer benefit plans.

This best-selling handbook will help you understand your personal responsibility and prepare you to make decisions in the best interests of your fund. New chapters include educational policies, reimbursement of plan expenses and more! Order Now!

Departments Propose Regs Permitting HRAs for Individual Policies

"Employees covered by [an] HRA must be enrolled in an individual policy. Employees who cease to be covered by the individual policy must forfeit the HRA.... [E]mployers may permit employees to use the section 125 cafeteria plan to contribute on a pre-tax basis for non-exchange individual market coverage.... Employees must have the option to opt-out of the HRA coverage to maintain eligibility for subsidies on the exchange ... The HRA must have reasonable procedures in place to verify that anyone covered by the HRA is actually enrolled in individual health insurance coverage.... The proposed regulations also provide a new mechanism for employers to offer an HRA of up to $1,800 in value that is not integrated with individual market (or any other) coverage.... The proposed regulations would continue to treat an HRA as an 'eligible employer-sponsored plan' to qualify as minimum essential coverage[.]" ABD Insurance & Financial Services

Federal Government Releases Proposed Regs That Will Expand the Use of HRAs

"The proposed rules would ... allow two new types of HRAs: [1] An individual health insurance premium reimbursement HRA ... [2] An excepted benefit HRA that generally allows up to $1800 per year (plus carryover amounts) in reimbursement for medical expenses (OTHER than health insurance premiums) provided that employees are offered coverage under another group health plan sponsored by the employer." Employers Council on Flexible Compensation [ECFC]

An Employer's Guide to Navigating the ACA Reporting Requirements (PDF)

"[1] Determine ALE status for 2018 based on 2017 data. [2] Determine electronic filing status.... [3] Evaluate whether proper data collection is in place to meet reporting requirements.... [4] Make sure social security number request obligations are being fulfilled.... [5] Issue employee statements to employees on or before January 31, 2019. [6] Submit required paper forms to IRS on or before February 28, 2019. [7] Submit required electronic forms to IRS on or before April 1, 2019." The Wagner Law Group, via The Practical Tax Lawyer

CRS Report: Resources for Frequently Asked Questions on the Affordable Care Act (PDF)

38 pages. "This report provides resources to help congressional staff respond to constituents' frequently asked questions about the law. The report lists selected resources regarding consumers, employers, and other stakeholders, with a focus on federal sources. It also lists CRS reports that summarize the ACA's provisions." [Report R43215, updated Oct. 23, 2018] Congressional Research Service [CRS]

Health Savings Accounts (HSAs): Compliance Obligations Under the Internal Revenue Code and ERISA

Nov. 28 webinar. Although HSAs have numerous tax advantages, it is easy to inadvertently fail to satisfy the requirements. This webinar will help health plan administrators navigate this sometimes treacherous terrain. BenefitsLink discount .

Feds Dramatically Relax Section 1332 Waiver Guardrails

"[The new guidance ] significantly relaxes the standards outlined in the 2015 guidance, adopts new principles to be advanced by state waivers, and outlines how HHS and Treasury will review waiver applications going forward. The guidance goes into effect immediately[.]"
Katie Keith, in Health Affairs

Reminders for 2018 Annual Reporting of Health Coverage (PDF)

"The 1094-C form should have the employer name and EIN associated with the name and EIN used on the employee's W-2.... The penalties remain significant ... [Y]ou must submit at least one 1094-C. If you submit more than one 1094-C form, one must be marked as the 'authoritative transmittal.' ... COBRA coding has not changed[.]" Marsh & McLennan Agency LLC

Knowing Employee Is Terminally Ill When He Suggests Vacation Leave May Trigger FMLA Obligations

"The employer argued that the employee did not ask for FMLA time, but the court held that the conversations between the employee and employer in late 2016 provided enough information to the employer to trigger its responsibility under the FMLA. The employer knew the employee was terminally ill with brain cancer and he had asked management about using vacation leave; so, the employer knew he was seeking leave for health-related reasons." [ Sienkiewicz v. Creative Techniques, Inc. , No. 17-12705 (E.D. Mich. Oct. 18, 2018)]
Wolters Kluwer; free registration required

Following Federal Approval of CVS's Proposed Acquisition of Aetna, Attention Turns to New York State

"New York State regulators, including Superintendent Maria Vullo of the New York State Department of Financial Services, threatened to block CVS Health's $69 billion merger with health insurer Aetna if [1] CVS would not agree to hold the line on rising insurance premiums for Aetna's member population in New York State (approximately 1.1 million New Yorkers across the State); and/or [2] CVS Health refused to submit its CVS/Caremark pharmacy benefits manager (PBM) business to State regulation." Sheppard Mullin

ERIC Comment Letter to Albany County Legislature on Albany County Paid Sick Leave

"While several states and localities have implemented paid sick leave laws, most of these laws have provided large employers that already provide paid leave the flexibility to maintain a uniform policy across the country. As currently drafted, the Local Law does not provide such flexibility, largely with respect to the: (i) definition of "family member"; (ii) maximum accrual; and (iii) the carryover unused earned paid sick time." The ERISA Industry Committee [ERIC]

Press Releases

LT Trust Offers Fingage's Unique 401(k) Managed Account Solution LT Trust

Retirement Learning Center Enters into a Distribution Agreement with Access Point HSA Retirement Learning Center

Strategic Risk Management and Employee Benefits Consultant Joins Lockton's Pacific Operation Lockton

Wayne Chopus Selected as Next IRI President and CEO Insured Retirement Institute [IRI]

ERISApedia Introduces a New Free 5500 Lookup Service ERISApedia.com

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Most Popular Items in the Previous Issue

Text of Agency Proposed Regs: Health Reimbursement Arrangements and Other Account-Based Group Health Plans Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]; Internal Revenue Service [IRS]; and U.S. Department of Health and Human Services [HHS]

Agencies Announce Proposal to Expand Access to Quality, Affordable Health Coverage Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

Trump Administration Expands Health Reimbursement Arrangements for Marketplace Coverage FierceHealthcare