You are here

Legal and Compliance Department

Peter Marathas - BAN Compliance Director

The Benefit Advisors Network (BAN) Compliance & Legal Department is represented by a team counseling business owners on new healthcare legislation and other various laws and regulations including ERISA, COBRA, HIPAA and the Internal Revenue Code.

BAN Compliance Director, Peter Marathas, is recognized as one of the leading lawyers in Massachusetts on Universal Healthcare and across the country on the requirements of the Patient Protection and Affordable Care Act. 

Stacy Barrow - BAN Compliance Department

Stacy Barrow, has extensive technical knowledge and experience designing and implementing employee benefits and compensation plans. Stacy uses a practical, business-focused approach to counsel his clients on complex employee benefits and executive compensation matters.

Legal Alert: President Trump Issues Executive Order on the Affordable Care Act

President Trump moved swiftly after taking office on Friday, issuing an Executive Order intended to minimize the economic and regulatory burdens of the Affordable Care Act (“ACA”).  The order is somewhat symbolic and has no immediate effect on employers, many of whom are in the process of complying with the ACA’s onerous reporting requirements (Forms 1094 and 1095), which are not rescinded by the order.

Legal Alert: Judge Blocks Overtime Set to Take Effect December 1

On Tuesday, November 22 a federal judge issued a nationwide injunction blocking the U.S. Department of Labor (“DOL”) from implementing its new overtime rule scheduled to take effect December 1, 2016.  The rule would have affected approximately 4 million executive, administrative and professional (“EAP”) employees, making them eligible for time-and-a-half pay for all hours worked in excess of 40 per week if their salary is below $913 per week ($47,476 per year).  The new threshold would have doubled the current threshold of $455 per week ($23,660 per year).

Legal Alert: IRS Provides a 30-Day Extension for Furnishing Forms 1095 and Extends Good Faith Transition Relief

The Internal Revenue Service (IRS) has released Notice 2016-70, which extends the deadline for furnishing Forms 1095-B and 1095-C to individuals from January 31, 2017 to March 2, 2017.  The Notice did not delay the due date for filing the forms with the IRS, which remains February 28 if filing by paper, or March 31 if filing electronically.

Legal Alert: Post-Election Returns: What Now for Obamacare?

The votes have been counted and Donald Trump is the president-elect and Republicans control Congress.  Among the many questions around the proverbial watercooler is what now for “Obamacare”?  While it is impossible for anyone to predict the future, we undertake to make a short, best guess about the future of the Affordable Care Act (“ACA”). 

As a candidate, Mr. Trump repeatedly vowed to “repeal and replace” the ACA.   So, the first question is, inevitably, will the ACA be repealed and, if so, what will replace it?

IRS Increases Health FSA Contribution Limit for 2017, Adjusts Other Benefit Limits

On October 25, 2016, the Internal Revenue Service (IRS) released Revenue Procedure 2016-55, which raised the health Flexible Spending Account (FSA) salary reduction contribution limit to $2,600 for plan years beginning in 2017. The Revenue Procedure also released the cost-of-living (COLA) adjustments that apply to dollar limitations in certain sections of the Internal Revenue Code (Code).  The following summarizes other adjustments relevant to individuals and employer sponsors of welfare and fringe benefit plans.

Legal Alert: DOL Proposes Changes to Annual Reporting for ERISA Plans

The Department of Labor proposed revisions to Form 5500 (Annual Return/Report for Employee Benefit Plan), the related schedules, and the rules that govern the forms. In general, these changes would first apply for the 2019 plan year, although certain changes may be implemented earlier. These revisions were published on July 21, 2016, and comments are being accepted for 75 days, through October 4.

Premium Credits for Non-Exchange Coverage

Compliance Blog
Premium Credits for Non-Exchange Coverage

In general, individuals who may benefit from this latest relief are those who are eligible for federal subsidies and who attempted to enroll in Exchange coverage during the initial open enrollment period (October 1, 2013 through March 31, 2014) but did not receive a timely eligibility determination and either:
•have not had any health coverage continuously since January 1, 2014; or.
•enrolled in a qualified health plan outside of an Exchange.

Over 100 FTEs and Planning on Being Subject to “Pay-or-Play” in 2015? Count Again!

Legal & Compliance Department Blog
Over 100 FTEs and Planning on Being Subject to “Pay-or-Play” in 2015? Count Again!

Before an employer that is within shouting distance of 100 FTEs decides it must offer insurance in 2015 to avoid the pay-or-play penalties, it should do some math, particularly if it employs a significant number of part-time employees. Because of the permitted reduction in the number of full-time employees counted for purposes of the ”no insurance offered” penalty, the employer might find that, even if it doesn’t offer insurance, it might just avoid pay-or-play penalties in 2015 nevertheless.

Subscribe to RSS - Legal and Compliance Department