Exclusive materials are guides prepared by UBA legal and compliance staff that address frequently asked questions and that clearly explain key legislative rules and regulations that impact employers.
Employers that do not meet the requirements of the Affordable Care Act (ACA) need to be concerned about several potential penalties.
All plans that provide medical coverage to employees owe a Patient-Centered Outcomes/Comparative Effectiveness (PCORI) Fee. There are no exceptions for small employers, government, church or not-for-profit, grandfathered or union plans, so employers should be aware of who must make the payment, due dates, calculation methods and more. UBA’s “Frequently Asked Questions about the Patient-Centered Outcomes/Comparative Effectiveness (PCORI) Fee” addresses key aspects of this fee.
On March 5, 2014, the Department of Health and Human Services (HHS) released a Bulletin that allows state insurance departments to permit the renewal through October 1, 2016, of individual and small group policies that do not meet the “market reform” requirements of the Affordable Care Act (ACA). UBA has developed an analysis of this Bulletin for employers.
This ACA Advisor reviews two tri-agency Interim Final Rules that allow a greater number of employers to opt out of providing contraception to employees at no cost through their employer-sponsored health plan. The publication offers comprehensive background on the contraception mandate as well as information on who could object and how.
This ACA Advisor provides information on the changes, updates and clarifications related to guaranteed availability of coverage, annual open enrollment periods, special enrollment periods, continuous coverage, network adequacy, and essential community providers.
This ACA Advisor reviews the requirements for a SBC, the changes made to the template by the regulatory agencies, the impact of Section 1557 of the ACA, as well as the addendum required for covered entities.
This Compliance Advisor reviews what fixed indemnity health plans are, the tax questions they raise, the IRS’ guidance, as well as analysis on when they should be excluded from gross income.
Entities such as employers with group health plans that provide prescription drug coverage to individuals that are eligible for Medicare Part D have two major disclosure requirements that they must meet at least annually. This Compliance Advisor reviews those disclosures, how to determine if coverage is creditable, the required disclosures to plan participants about whether coverage is creditable, and how notices must be delivered.
Recently, the IRS updated its longstanding Q&A guidance on codes that employers should use when completing Forms 1094-C and 1095-C. This ACA Advisor describes the IRS' updated guidance, including COBRA reporting information that had been left pending in earlier versions of the IRS guidance for the past year.
This Compliance Advisor reviews the impact of the 21st Century Cures Act on the Mental Health Parity and Addiction Equity Act, health reimbursement arrangements (HRAs), and permitted uses and disclosures of protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA).
The IRS recently issued Notice 2016-70, delaying the reporting deadlines in 2017 for the 1095-B and 1095-C forms to individuals. Since the delay only pertains to select forms, this ACA Advisor reviews the forms affected, the delayed deadlines, the extension process, as well as the impact on individual taxpayers.
This ACA Advisor reviews the recently issued "FAQs About Affordable Care Act Implementation Part 34 and Mental Health and Substance Use Disorder Parity Implementation” released by the Department of the Treasury, Department of Labor (DOL), and Department of Health and Human Services (HHS).
This Compliance Advisor reviews the modifications to the recently released advance informational copies of the 2016 Form 5500 annual return/report, and provides information on when to file Form 5500 and 5500-SF.
This ACA Advisor reviews final regulations regarding short-term limited-duration insurance as well as final regulations for excepted benefits, specifically similar supplemental coverage and travel insurance. The publication also provides information on the definition of Essential Health Benefits for purposes of the prohibition on lifetime and annual limits.
This ACA Advisor offers step-by-step guidance on TRF filing, including registration, completion of the Contribution Form (Form), uploading supporting documentation, entering payment information and available web training.
This ACA Advisor reviews the most recent proposed regulations on how to report minimum essential coverage (MEC).
The Consolidated Omnibus Budget Reconciliation Act (COBRA) is a federal requirement of group health plans to provide COBRA continuation coverage to participants who lose coverage due to a qualifying event, when the employer had 20 or more full time employees. Over the years, many states enacted additional requirements similar to COBRA, either for small employers, or in addition to the federal COBRA requirements. This Compliance Advisor offers a comprehensive chart to outline each state’s specific continuation laws.
On December 1, 2016, the Department of Labor (DOL) will implement changes raising the minimum compensation for exempt employees to $47,476 annually. While salary is just half of a two-part equation that includes a duties test of essential job functions, scrutiny is under way to analyze compensation and find solutions to avoid conflict with the new rule. This Compliance Advisor reviews the perils of having all employees work 40 hours and get approval for overtime, workable solutions using salary increases, bonuses or incentives--as well as considerations when paying nonexempt staff on a salary basis.
Under the ACA individual mandate, most people residing in the U.S. are required to have minimum essential coverage or they must pay a penalty. Employers are not required to educate employees about their individual responsibilities under the ACA, but this Advisor simply provides information on minimum essential coverage, exemptions, subsidy eligibility, proposed regulations that affect individuals, and other information that employers will find helpful to know.
Beginning in 2017, certain employers with as few as 20 employees at a single site will be required to electronically file information about employee injuries and accidents that occurred in the prior year. This Compliance Advisor reviews the public disclosure concerns associated with this rule, seven current practices that that are affected, as well as key dates related to this rule.
This UBA Compliance Advisor reviews the final revisions to the white collar overtime exemption rules in the Fair Labor Standards Act, including who the new rule applies to, how a white collar employee qualifies for an overtime exemption, the threshold for highly compensated employees, and how to calculate salary.
This UBA ACA Advisor outlines the HHS final rule related to nondiscrimination regulations including who is affected, how the rule addresses sex, gender, and sexual orientation discrimination, how marketplace plans and third party administrators are affected, discrimination against persons with Limited English Proficiency (LEP) and disabilities, enforcement mechanisms, and the key differences between the proposed and final rule.
This ACA Advisor reviews how Supreme Court cases, other state litigation, and the DOL definition of “spouse” now impact employers, including tax treatment of same-sex spouses and FMLA administration.
The Department of Labor (DOL) recently issued proposed revisions to the Summary of Benefits and Coverage SBC) template and related materials to apply to plan or policy years beginning on or after January 1, 2017. This ACA Advisor provides background information, a summary of the proposed changes and information on how to provide public comments.
ACA has introduced a multitude of new fees that employers must pay, in addition to penalties for non-compliance with employer shared responsibility rules. These dollar amounts change annually, as does the percentage amount used to calculate affordability in relation to the ACA. UBA has created a reference chart on the applicable 2015 and 2016 percentages and dollar amounts to help employers understand the indexed penalty and updated fee amounts.
The IRS issued a final rule that clarifies various topics relating to the Patient Protection and Affordable Care Act (ACA) and premium tax credit eligibility provisions. This ACA Advisor covers rules related to child income, wellness incentives, HRA contributions and flex credits, continuation coverage, and mid-month enrollment.
Federal agencies recently issued a final rule that essentially combined a variety of interim final rules and non-regulatory guidance on a variety of Patient Protection and Affordable Care Act (ACA) initiatives such as grandfathered health plans, preexisting condition exclusions, internal and external appeals, rescissions of coverage, lifetime and annual limits, emergency care access and dependent coverage. This ACA Advisor explains these consolidated provisions that will all go into effect on January 1, 2017.
Federal agencies have released the proposed rule for the 2017 Benefit Payment and Parameters. This ACA Advisor reviews all the updates and provisions being proposed to help employers plan and comment.
Employers that are subject to play or pay requirements of providing minimum essential and affordable, minimum value coverage should ensure that the plans they are offering provide substantial coverage of inpatient hospitalization and physician services. If they do not, their employees will be eligible for a premium tax credit to subsidize the cost of health insurance.
Under the Patient Protection and Affordable Care Act (ACA), applicable large employers (ALEs) are required to report to the Internal Revenue Service (IRS) on the health coverage they offer in order to verify they are meeting their obligations under the law. Employers with 250 or more 1095 Forms must file their reports electronically with the "Affordable Care Act Information Returns" or AIR. This UBA ACA Advisor publication details the steps that have been identified for employers to use AIR.
The DOL has determined that many employers are incorrectly classifying employees as independent contractors, which can harm the worker and open the employer up to various liabilities. Though there is no clear-cut checklist or rule in determining a worker’s status, UBA’s publication, “DOL Issues Guidance on Classification of Independent Contractors”, reviews the factors employer should consider when determining if an individual is an independent contractor or an employee.
Beginning in 2018, plans that provide coverage that exceeds a threshold will owe an excise tax on high cost employer-sponsored health coverage, also known as the “Cadillac tax”. UBA’s ACA Advisor, “IRS Issues Second Notice to Assist in Developing Cadillac Tax Regulations” covers who is liable, treatment of controlled groups, exclusions of amounts attributable to the excise tax, HSAs/Archer MSAs/FSAs/ HRAs, age and gender adjustments, payment and more.
The Surface Transportation and Veterans Health Care Choice Improvement Act (STVHCC), also known as H.R. 3236, is focused on surface transportation programs but affects rules regarding how to count employees under the Patient Protection and Affordable Care Act (ACA) as well as health savings account (HSA) eligibility for individuals receiving care through the Veterans Administration.
The Trade Preferences Extension Act of 2015 includes significant increases for failure to complete IRS reporting forms under sections 6055 and 6056 of the Patient Protection and Affordable Care Act (ACA). UBA’s “Trade Bill Increases ACA Reporting Penalties; Reinstates Tax Credit” provides the details.
The Affordable Care Act (ACA) uses terms that sound alike for three very different things.
Under federal regulations, Medicare is a secondary payer for many individuals who have an employer group health plan available to them, either as an employee or the dependent spouse or child of the employee. Read the answers to thirteen key questions about Medicare Secondary Payer rules including who is affected, what coverage must be offered to Medicare-eligible employees, whether Medicare premiums can be reimbursed, and more.
Excepted benefits are health benefits that are limited enough in scope to be exempt from many of the requirements of the Affordable Care Act (ACA), such as annual dollar limits, reporting on W-2s and various fees. To understand the final regulations defining when dental and vision plans and employee assistance plans (EAPs) will be considered “excepted benefits,” download UBA's ACA Advisor, "Excepted Benefits - "Limited Scope" Dental and Vision Plans and EAPs".
Insurers whose medical loss ratios did not meet federal standards for 2013 (85% for large group and 80% for small group and individual policies) must pay rebates to policyholders in 2014. UBA offers publications that outline the rules for handling MLR rebates. Due to the differences in how private and government/church plans are to determine and distribute MLR rebates, download the publication below that is appropriate for your situation.
The 90-day maximum for eligibility waiting periods is effective as of the start of the 2014 plan year. As employers are beginning to implement this new requirement, many have questions. United Benefit Advisors (UBA) has created a ACA Advisor that addresses a number of recurring questions about this new provision.
Employers that issued 250 or more W-2s in the prior calendar year must include the value of “employer sponsored group health coverage” on their employees’ W-2s. This means that an employer that issued 250 or more W-2s during 2012 must include the value of employer-sponsored coverage on the employee’s 2013 W-2 (to be issued in January 2014). The same rules apply as were applied in last year’s reporting. UBA has developed FAQs to assist employers with this reporting requirement.
On Sept. 11, 2013, the Department of Labor (DOL) issued an FAQ that stated that no penalties will apply to employers that fail to provide the exchange/marketplace notice. Despite this FAQ, employers may still want to provide the notice, to provide information to employees and to reduce the risk of unanticipated liability.
Although the employer shared responsibility requirements have been delayed to 2015, the individual responsibility requirement (also known as the individual mandate) is still scheduled to take effect in 2014. Under the individual mandate, most people residing in the U.S. will be required to have minimum essential coverage, or they will have to pay a penalty. Many individuals will be eligible for financial assistance, through premium tax credits (also known as premium subsidies), to help them purchase coverage if they buy coverage through the health insurance marketplace (also known as the exchange).
Employers must provide a Summary of Benefits and Coverage (SBC) for group health plans, with several underlying requirements that the SBC must meet.
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Please note that UBA continually updates its compliance library as new notices, rules, proposed rules and other ACA information becomes available, so some of our publications may be superseded by later guidance.