I blogged recently about IRS and Department of Labor (DOL) guidance restricting the ability of employers to subsidize individual health insurance premiums for their employees after December 31, 2013. That IRS and DOL guidance also addressed a few other issues. The guidance provides that HRA amounts credited to an employee can be used to determine
Understanding Employee Benefits and key developments in the employee benefits field and items of interest to our clients. MORE
Health Plan
No More Pre-Tax Premiums for Individual Insurance Policies?
Over the years we have seen some employers, particularly small employers, choose to provide health coverage to their employees by paying all or part of the premium for individual insurance policies that the employees have obtained. Under an old IRS revenue ruling, Rev. Rul. 61-146, that type of premium subsidy could be provided on a …
Maintaining Poor COBRA Procedures Can Be Expensive
I blogged a few months ago about an employer who had to pay more than $83,000 in penalty, attorneys’ fees and costs for failure to give a proper COBRA notice for a dental plan. I warned employers that failure to maintain adequate procedures for COBRA compliance can be costly. That amount pales in relation to …
Health Insurance Carriers Must Also be Careful in What They Tell Plan Participants
I blogged recently warning employers to be careful when enrolling employees in plan benefits because the employer could be responsible to pay life insurance or disability benefits if an employee who is improperly enrolled incurs a claim. The increased liability comes from the recent Supreme Court decision, Cigna v. Amara, allowing certain types of …
Final Regulations Issued on Incentives for Nondiscriminatory Wellness Programs in Group Health Plans
HIPAA nondiscrimination provisions prohibit group health plans and health insurance issuers from discriminating against individual participants and beneficiaries in eligibility, benefits, or premiums based on a health factor. Wellness programs offered in conjunction with group health plans must also be nondiscriminatory.
Final regulations issued on June 3, 2013, describe nondiscriminatory wellness programs. The regulations amend…
Okay for Health Plan to Cover Same Sex but not Opposite Sex Domestic Partners
I have always been interested in the intersection of employment law and benefits law. Among those intersections is the extent to which employment law discrimination rules may apply to benefit plans. A recent Minnesota federal District Court decision addressed that issue in the context of an employee who added an opposite sex domestic partner to …
New Requirements for BAAs
As many employers know, HIPAA rules require them to sign on behalf of their health plans Business Associate Agreements (BAAs) with the vendors who assist in plan administration. Many employers also know that earlier this year, the U.S. Department of Health and Human Services issued final regulations which will require updated BAAs by September 23, …
Effect on Employers of Same Sex Marriage in Minnesota
As many of our readers know, on Tuesday, May 14, 2013, Minnesota became the twelfth state to recognize same sex marriages. The effective date of the change is August 1, 2013, which gives employers some time to react to the change and analyze its effect on their employment policies and benefits. We sent an Alert …
Employers – Are You Updating Your HIPAA documents?
The Department of Health and Human Services released final Health Insurance Portability and Accountability Act (HIPAA) privacy and security regulations on January 25, 2013. These regulations impact covered entities, including group health plans, most health care flexible spending accounts, and their business associates. The new rules were effective March 26, 2013, but covered entities and …
A Self-Funded Employer’s Worst Nightmare
Employers who sponsor health plans for their employees can purchase insurance contracts to fund those plans. Alternatively, employers can self-fund or self-insure those benefits, agreeing to pay the claims themselves. Many employers who provide self-funded plans also buy stop-loss insurance to cover the risk of exceptionally large claims. However, employers must be careful that their …