To maintain their deterrent effect each year, the Federal Civil Penalties Inflation Adjustment Act of 1990, requires the Department to annually adjust its civil monetary penalty levels for inflation no later than January 15th. The Department of Labor (DOL) has released its 2021 inflation-adjusted civil monetary penalties that may be …
HHS Issues Proposed Updates to HIPAA Privacy Rule
The Department of Health and Human Services (HHS) has issued a proposed rule that would make certain changes to the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. The proposed changes are intended to: Support individuals’ engagement in their care; Remove barriers to coordinated care; and Reduce regulatory burdens …
EEOC Provides Proposed Wellness Rules for Review
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued two proposed rules regarding wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Non-Discrimination Act (GINA). The proposed rules address what level of incentives employers may lawfully offer to encourage employee participation in wellness programs that require …
2021 ACA Reporting Deadlines Are Approaching
Affordable Care Act (ACA) reporting deadlines are approaching soon under Section 6055 and Section 6056 for the 2020 calendar year. Reporting entities must: File returns with the Internal Revenue Service (IRS) by March 1, 2021. If filing electronically, the deadline to file returns is March 31, 2021; and Furnish statements …
Proposed Notice of Benefit & Payment Parameters for 2022
The Department of Health and Human Services (HHS) has published its proposed Notice of Benefit and Payment Parameters for 2022. The proposed rule describes benefit and payment parameters under the Affordable Care Act (ACA) that would be applied to the 2022 benefit year. The rule also implements a limited number …
Final Regulations Issued for Transportation Fringe Benefits
The U.S. Treasury Department and Internal Revenue Service (IRS) have issued final regulations regarding the deduction for qualified transportation fringe (QTF) expenses. The regulations became effective upon publication and replaced proposed regulations and interim guidance provided in IRS Notice 2018-99. Key issues addressed by the final regulations include: If an …
Final Rule Gives Greater Flexibility for Grandfathered Plans
On December 11, 2020, the Departments of Labor (DOL), Health and Human Services (HHS) and the Treasury announced a final rule that provides greater flexibility for grandfathered plans under the Affordable Care Act (ACA). The final rule succeeds a proposed rule that was issued in July 2020. What is a …
Unused Commuter Transit Benefit May be Used for Parking
The Internal Revenue Service (IRS) recently issued a letter stating that employees may apply unused commuter transit benefit amounts to parking benefits in certain circumstances. The letter was presented in response to a question from an employee who, due to COVID-19, opted to drive to work instead of using public …
PCORI Fee Amount Adjusted for 2021
The Affordable Care Act (ACA) imposes a fee on health insurance issuers and plan sponsors of self-insured health plans to help fund the Patient-Centered Outcomes Research Institute (PCORI). The PCORI fee was originally scheduled to expire for plan or policy years ending on or after October 1, 2019. However, a …
Interim Final Rule on COVID-19 Vaccine Coverage
Since COVID-19 was declared a public health emergency, Operation Warp Speed has been working towards producing and delivering 300 million doses of safe and effective vaccines. According to the Centers for Disease Control and Prevention (CDC), multiple COVID-19 vaccines are currently being developed; which means additional coverage may be necessary …
Final Rule on Healthcare Transparency
In response to an executive order presented in June 2019, the Department of Labor (DOL), Health and Human Services (HHS) and the Treasury have issued a final rule regarding coverage transparency. The rule imposes new transparency requirements on group health plans and health insurers in the individual and group markets. …
2021 Transportation Benefit Limits Remain Unchanged
The Internal Revenue Service (IRS) has released Revenue Procedure 2020-45, which includes cost-of-living adjustments for employee qualified transportation fringe benefits for the 2021 taxable year. The combined 2021 monthly limit for transportation in a commuter highway vehicle and a transit pass remains unchanged at $270. For qualified parking, the monthly limit …
Health FSA Limit Will Remain the Same for 2021
The Affordable Care Act (ACA) imposes a dollar limit on employees’ salary reduction contributions to health flexible spending accounts, or FSAs, offered under cafeteria plans. For 2020, the health FSA limit on employees’ pre-tax contributions increased by $50 — from $2,700 to $2,750. On October 27, 2020, the Internal Revenue …
Final Forms & Instructions for 2020 ACA Reporting Released
The Internal Revenue Service (IRS) has released final forms and instructions for 2020 ACA reporting under Internal Revenue Code Sections 6055 and 6056. Prior to finalizing, draft forms were released this past July, with additional revisions made this month to both the forms and instructions. The final forms and instructions …
Draft Instructions for 2020 ACA Reporting Released
The Affordable Care Act (ACA) created reporting requirements under Code Sections 6055 and 6056. These rules require certain employers to provide information to the Internal Revenue System (IRS) about the health plan coverage they either offer, do not offer, or provide to their employees. Draft Forms for 2020 reporting were …