Question of the Month – COBRA Mishandling

Question: If an employee, former employee, or dependent is mistakenly left on the group medical plan beyond the time when plan eligibility ends and COBRA has not been offered, what should the employer do? Answer: Regardless of how this gets handled, unfortunately the employer is in a risky position. In addition to potential penalties for failure Read more about Question of the Month – COBRA Mishandling[…]

HSA Q&A: FSA Grace Periods and HSA Eligibility

One of the most common topics we at Benefit Comply see in our compliance helpline is with respect to health savings accounts (HSAs). Over the next several months, we’ll take some of the recurring HSA-related questions we receive and address them, one by one, on this blog. We hope this will help provide some clarity Read more about HSA Q&A: FSA Grace Periods and HSA Eligibility[…]

Monday Update

The government may have shut down for a few hours last week, but that didn’t stop the compliance train from running. Here are some things to consider: The Employee Benefits Administration (EBSA) section of U.S. Department of Labor has released the 2017 M-1 filing form for MEWAs. A MEWA is a an ERISA health plan Read more about Monday Update[…]

Monday Update

Here are a few things we have been looking at between Super Bowl ads and reviewing our personal 1095s this weekend: Is the private sector finding new footing in the health care world? It sort of looks like it with CVS planning to acquire Aetna and Amazon, Berkshire Hathaway and JPMorgan teaming up in their own initiative Read more about Monday Update[…]

Question of the Month – 1095-C Reporting for COBRA

Question: How does an applicable large employer code an offer of COBRA coverage? Answer: The answer depends upon (i) whether the employee was full-time for at least one month during the year; and (ii) whether the plan offered was fully insured or self-funded. See the various scenarios addressed below… Scenario 1: Employee (or former employee) was not Read more about Question of the Month – 1095-C Reporting for COBRA[…]

4980H Penalties — What We Know Now

4980H Penalties – What We Know Now We mentioned in early November that the IRS had announced plans to start collecting 4980H employer penalties soon. The 226J Assessment Letters are the subject of a “Communication for Employers” that provides a good background on this subject and can be found on our Resources Page (IRS Letter 226J Read more about 4980H Penalties — What We Know Now[…]

Tax Bill with Benefit Changes Getting Closer

It’s not over yet, but it looks as if we could see significant tax legislation that includes benefit changes before the year ends. Before getting into substance, it’s useful to know a little about process. Both the House and the Senate have passed different tax bills. The differences must be resolved in a Conference Committee, which Read more about Tax Bill with Benefit Changes Getting Closer[…]

IRS Will Start Collecting §4980H Employer Penalties Very Soon

Mama Told Me There Would Be Days Like This Applicable Large Employers (ALEs) have been hoping that Congress, or the Trump administration, would make the ACA employer requirements go away. However, I have been warning our clients that we need to be prepared for the IRS to begin collecting employer payments for violation of the Read more about IRS Will Start Collecting §4980H Employer Penalties Very Soon[…]

Trump’s “Association Plan” Executive Order

President Trump signed an executive order today instructing regulatory agencies to draft rules permitting the creation of “association” health plans, and possibly expanding HRA rules. First of all, it is important to note that the executive order only instructs the regulatory agencies to develop rules—so nothing changes immediately. The process may take months, but don’t Read more about Trump’s “Association Plan” Executive Order[…]