Health & Welfare Plans Newsletter

November 26, 2018

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[Official Guidance]

Text of 2018 IRS Form 8941: Credit for Small Employer Health Insurance Premiums (PDF)

Eligible small employers use Form 8941 to figure the credit for small employer health insurance premiums for tax years beginning after 2009. Internal Revenue Service [IRS]

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[Guidance Overview]

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

"[T]he employer shared responsibility and reporting requirements remain fully applicable... Penalties applicable to employers for failure to report are in addition to other ACA noncompliance penalties and are two-fold, including assessments for both a failure to file correct returns with the IRS and a failure to provide a required statements to employees.... An employer knows from the outset if it sponsors a self- funded group health plan, but whether the employer is an ALE is a determination that must be made on an annual basis. The Wagner Law Group, via The Practical Lawyer

Massachusetts Employers Must Submit HIRD Form by November 30

"The form, which must be submitted annually, [became] available on November 1 and is due November 30, even from employers that do not offer any health coverage. The HIRD form asks employers ... to describe coverage details for each plan (excluding account-based plans), including eligibility criteria, waiting periods, total monthly premium cost and employees' monthly contributions, benefits offered, and cost-sharing information such as deductibles and out-of-pocket maximums. The form does not seek information about specific employees." Willis Towers Watson

Ways Your Workplace Wellness Program Could Actually Be Making You Fat

"[W]orkplace health promotion programs (WHPP) ... that put the responsibility on employees made the workers believe that their weight is blameworthy, which led to increased weight-based discrimination and stigma in the workplace, compared to programs where the employers shouldered the responsibility.... Worse, the researchers found that when obese workers in employee-focused wellness programs felt more responsible for their weight, they also felt they had less control over it. And that led to increased obesity and decreased well-being; it actually made their weight issues worse." MarketWatch

No Fiduciary Breach Where Employer Failed to Provide Life Insurance Conversion Information

"The Sixth Circuit explained that ... a fiduciary is not liable for failing to disclose information that ERISA does not require be disclosed ... A dissenting opinion focused on a 'benefit summary report' ... [which] contained information about the life insurance plan ... but did not address conversion rights. In the dissenting judge's view, the omission of conversion information from this report -- which the employer had provided on its own initiative -- would suffice to support a breach of fiduciary duty claim at this stage[.]" [ Vest v. Resolute FP US Inc. , No. 18-5046 (6th Cir. Oct.10, 2018)]
Thomson Reuters / EBIA

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Nondiscrimination Testing for Health Plans: Code Section 105(h) and Post-ACA Design Alternatives

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In Health Insurance Wastelands, Rosier Options Crop Up For 2019

"Across all 50 states, premiums for the average 'benchmark' silver plan ... are dropping nearly 1 percent. And more than half of the counties that use the federal healthcare.gov exchange are experiencing an average 10 percent price decrease for their cheapest plan.... In most places, the declines are not enough to erase the price hikes that have accrued since the creation in 2014 of the health care exchanges for people who don't get insurance through an employer or the government." Kaiser Health News

Benefits in General

Meeting 1-on-1 to Discuss Benefits

Video blog. "One-on-one benefits counseling is easy to administer. Employees simply sign up for a time slot to discuss offerings with HR, and perhaps even with financial professionals. The employee and these experts go over specific issues about medical care, retirement, and other needs that can be met with voluntary benefits. In these individual sessions, employees are also educated on important topics like saving for retirement, investment risks and rewards, and automatic investing." hr360

Press Releases

Most Popular Items in the Previous Issue

ACA: Limits, Fees and Penalties Through 2019 OneDigital Health and Benefits

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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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