Legal Alerts

Legal Alert: IRS Issues Affordability Percentage Adjustment for 2019

By Stacy Barrow - June 7, 2018

In Rev. Proc. 2018-34, the IRS released the inflation adjusted amounts for 2019 relevant to determining whether employer-sponsored coverage is “affordable” for purposes of the Affordable Care Act’s (“ACA’s”) employer shared responsibility provisions and premium tax credit program.  As shown in the table below, for plan years beginning in 2019, the affordability percentage is 9.86% [Read More]

Legal Alert: IRS Adjusts 2018 HSA Contribution Limit – Again

By Stacy Barrow - April 27, 2018

The IRS has announced it is modifying the annual limitation on deductions for contributions to a health savings account (“HSA”) allowed for taxpayers with family coverage under a high deductible health plan (“HDHP”) for the 2018 calendar year. Under Rev. Proc. 2018-27, taxpayers will be allowed to treat $6,900 as the annual limitation, rather than [Read More]

Legal Alert: CMS Extension Relief for Non-Compliant Plans through 2019

By Stacy Barrow - April 12, 2018

On April 9, 2018, the Centers for Medicare & Medicaid Services (CMS) announced a one-year extension to the transition policy (originally announced November 14, 2013 and extended several times since) for individual and small group health plans that allows issuers to continue policies that do not meet ACA standards.  The transition policy has been extended [Read More]

Legal Alert: Agencies Release Proposed Regulations on Short-Term Limited Duration Insurance

By Stacy Barrow - March 7, 2018

On February 20, 2018, the U.S. Departments of Labor, Treasury, and Health and Human Services (Agencies) released proposed regulations that expand the availability of short-term limited duration insurance (STLDI).  STLDI is offered in the individual (non-group) insurance market and is generally used by individuals such as students or individuals between jobs.  Therefore, the direct impact to employers [Read More]

Legal Alert: Short-Term Spending Bill Delays Cadillac Tax, Other ACA Taxes

On January 22, 2018, President Trump signed H.R. 195:  Extension of Continuing Appropriations Act, 2018, which is a short-term spending bill that re-opened the federal government after a three-day shutdown.  As discussed below, the bill: Extends the Children’s Health Insurance Program (CHIP) for six years, through the fiscal year 2023; Extends the existing suspensions of [Read More]

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

President Trump Executive Order issued 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 [Read More]

Legal Alert: Court Vacates EEOC’s Wellness Program Incentives Rules Effective January 1, 2019

By Bobbi Kloss, BAN Director of Human Capital Management - December 28, 2017

In an opinion dated December 20, 2017, in American Association for Retired Persons (AARP) v. EEOC, the federal court in the District of Columbia vacated, effective January 1, 2019, the portions of the final regulations that the EEOC issued last year under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) [Read More]