HORAN Health Benefits Compliance Blog

Keeping you up-to-date and on-track with health benefits compliance

Entries for 2016

New Law Permits Health Reimbursement Arrangements (HRAs) for Small Employers

 December 16 2016     Diane Cross
The New Year will bring additional celebration for small employers.  Beginning January 1, 2017, qualified small employers will once again be able to reimburse employees for their individual health insurance premiums.  President Obama recently signed the 21st Century Cures Act, which allows qualified small employer health reimbursement arrangements (QSE HRAs) to reimburse individual healt...

Phishing Email Disguised as official OCR HIPAA Audit Communication

 December 8 2016     Diane Cross
We would like to share the following information from the Department of Health and Human Services' (HHS) Office for Civil Rights with our clients sponsoring self-funded health benefit plans. As a reminder, HHS OCR is the entity responsible for auditing covered entities for compliance with the Health Insurance Portability and Accountability Act (HIPAA). Earlier this year, HHS announced its intentio...

Wellness Programs: Notice Requirement

 December 8 2016     Shelly Hodges-Konys
As open enrollment comes to a close and employers have provided benefit disclosures in compliance with the ACA, ERISA, HIPAA, and the like, it is an ideal time to remind employers with wellness programs that there is a new disclosure requirement per the Americans with Disabilities Act (ADA). As part of the EEOC’s final rule on employer wellness programs issued earlier this year, employers t...

IRS 6055 and 6056 Reporting Delay: Forms 1095-C Filing Extension

 November 21 2016     Shelly Hodges-Konys
The IRS issued a Notice announcing an extension to the deadline for distribution of Forms 1095-C to individuals. After extensive pressure from the industry, the IRS has agreed to give employers a 30-day extension to this deadline for the 2016 calendar year filings only. This means that Forms 1095-C must be distributed to individuals no later than March 2, 2017. Under the Affordable Care Act, ...

2016 Election Results: President-elect Donald Trump and the ACA

 November 11 2016     Shelly Hodges-Konys
In light of the 2016 presidential election results, we are left wondering what we can expect moving forward especially as it relates to Health and Welfare Benefits. President-elect Trump ran on a platform of “Replace and Repeal” of the Affordable Care Act (ACA). However, the process to repeal and replace the ACA will take time and nothing will happen between now and the New Year. It is...

Transitional Reinsurance Program: Deadlines Approaching November 15th

 October 20 2016     Diane Cross
As a reminder, on November 15, 2016, the Affordable Care Act (ACA) Transitional Reinsurance Program (TRP) 2016 Annual Enrollment and Contributions Submission Form is due, along with the second payment of the 2015 Transitional Reinsurance Contribution if making payment in two installments. The TRP is a temporary program designed to stabilize premiums in the individual health insurance market a...

Employer Medicare Part D Disclosure and Reporting Obligations

 September 23 2016     Shelly Hodges-Konys
The Social Security Act requires plan sponsors offering prescription drug coverage to provide certain notices regarding the prescription drug coverage they offer. Medicare Part D Notices of Creditable or Non-Creditable Coverage must be updated and provided to Medicare eligible participants by October 14th. Notices to Medicare Part D-eligible individuals must, at a minimum, be provided prior to the...

ACA Section 1557 Non-Discrimination Rules

 September 7 2016     Shelly Hodges-Konys
On May 18, 2016, the Office of Civil Rights (OCR) of the US Department of Health and Human Services (HHS) published final regulations implementing non-discrimination rules under Section 1557 of the Affordable Care Act (ACA). These rules prohibit discrimination on the basis of race, color, national origin, sex, or disability in health activities and programs that receive federal funding from HHS. ...

Administering Reductions in Hours under the ACA Look-back Safe Harbor

 August 24 2016     Shelly Hodges-Konys
When an employer uses the look-back safe harbor to determine full-time employee status, an ongoing employee is considered a full-time employee through the following stability period. There is an exception to the general rule for employees who have an official change in position such that if the employee had been originally hired into the new position, the employee would not be reasonably expected ...

Responding to Marketplace Notices

 July 15 2016     Shelly Hodges-Konys
Our clients began receiving Marketplace subsidy notices in late June/early July from the Department of Health and Human Services (HHS) notifying them that they have an employee who applied for a subsidy through the Marketplace program.  These notices do not mean that an employer will automatically be assessed penalties under the Affordable Care Act's employer mandate (applicable to large...
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