Only applicable large employers may be assessed a penalty under the employer shared responsibility mandate of the Affordable Care Act. An applicable large employer is defined by the regulations as one that has employed an average of at least 50 full-time employees (taking into account full-time equivalent employees or FTEs) on business days during the
Understanding Employee Benefits and key developments in the employee benefits field and items of interest to our clients. MORE
Benefits Notes
More HIPAA Compliance – Final Regulations
By Stinson LLP on
My colleague, Jessica Kracl, has written an Alert for our health care clients about the recently issued privacy and security regulations under the Health Insurance Portability and Accountability Act (HIPAA). Employer group health plans are covered entities under HIPAA and therefore must comply with the new regulations. Jessica’s Alert is a good summary of the…
Independent Contractor or Employee – it can depend upon who has the burden of proof
By Stinson LLP on
Those of us who work in the benefits area understand that the distinction between employee and independent contractor is an important one, but one in which the determination is not always clear. In many cases, the IRS takes the position that a particular worker is an employee, rather than an independent contractor, thereby requiring the …
Deficient Mobile Device Security Leads to HIPAA Breach Settlement
By Stinson LLP on
My colleague, Blake Schofield, has sent an Alert to our health law clients regarding an enforcement action taken by the U.S. Department of Health and Human Services, Office of Civil Rights (OCR) against a hospice provider in Idaho relating to a stolen laptop. The number of affected patients was less than 500. The OCR fine …
Be Careful How You Word Your Claims Procedure
By Stinson LLP on
In a recent decision of the United States District Court for the Eastern District of Oklahoma, a retiree who had begun work as a union employee and who during his employment was promoted to a salaried position, sued his employer for failing to take into account his service both as a union employee and as…
Certain Plan Designs Will Cost More Under the Patient-Centered Outcomes Research Institute Fees
By Stinson LLP on
The Affordable Care Act establishes a Patient-Centered Outcomes Research Institute as a private nonprofit corporation to assist patients, clinicians, purchasers and policy makers in making informed health decisions using evidence based medicine. The Institute is to be funded through a trust fund called the Patient-Centered Outcomes Research Trust Fund. Under the Affordable Care Act, both …
HEALTH CARE REFORM – IMPLEMENTATION TIMELINE FOR EMPLOYERS (subject to change as additional guidance is issued)
By Stinson LLP on
Here’s a brief timeline highlighting important health care reform dates for employers…I expect some dates will change as 2014 draws nearer, and I will update the timeline accordingly.
9/23/12 – Group health plans must provide all eligible employees a standard Summary of Benefits and Coverage so members can compare medical plans.
12/31/12 – Form W-2…
New York Taxes a Portion of Stock Option Gain of Nonresident Retiree
By Stinson LLP on
Like a number of states, New York requires nonresidents to pay income taxes on wages earned in the state. Those rules extend to an allocable portion of deferred compensation and gain from the exercise of stock options earned while employed in the state. The state’s ability to tax a nonresident is limited to this extent: …
Health Care Reform – What Employers Should be Thinking About Now
By Stinson LLP on
Beginning in 2014, the Affordable Care Act will require employers employing 50 or more full-time equivalent employees to offer full-time employees affordable, minimum essential health coverage. If such health coverage is not offered, and if at least one employee receives a premium tax credit on a state or federal exchange, the employer will be assessed…
A Wrap Plan Can Be Helpful
By Stinson LLP on
Many employers know that one benefit to an ERISA plan is the standard of review available when the participant brings a lawsuit for benefits under the plan. If the plan documents give the plan administrator discretion to decide claims, then the court will review the exercise of the plan administrator’s discretion under an arbitrary and …