On November 15, 2010, the Internal Revenue Service, the Department of Labor, and the Department of Health and Human Services jointly issued an amendment to the interim final rules relating to status as a grandfathered plan under the Patient Protection and Affordable Care Act. With the amendment, insured group health plans are now able to … Continue Reading
As they do every year, the Internal Revenue Service released the dollar limits that apply to qualified retirement plans. There are three separate charts below that list the limits for 2010. The three charts are separated to identify the limits for: (1) defined contribution plans, (2) defined benefit plans, and (3) both defined contribution and defined … Continue Reading
"Summary Prospectus" Now May Be Used Under ERISA Section 404(c) in Lieu of Statutory Prospectus On September 8, 2009, the U.S. Department of Labor (the “DOL”) issued Field Assistance Bulletin 2009-03. This guidance states that a fiduciary may continue to satisfy ERISA Section 404(c)’s requirements by providing a mutual fund’s “summary prospectus” rather than the … Continue Reading
In addition to the COBRA subsidy, the American Recovery and Reinvestment Act of 2009 (“ARRA”), enacted on February 17, 2009, made significant changes to HIPAA privacy and security obligations. Those changes affect covered entities, including group health plans, and also affect business associates. Although most of the HIPAA changes are effective February 17, 2010, one change … Continue Reading
Today, the U.S. Department of Labor (“DOL”) issued model notices reflecting the recently enacted COBRA subsidy requirements and also issued updated FAQs on how the COBRA subsidy provisions are to work. View the model notices and FAQs. A summary of the different model notices (taken from the DOL’s descriptions) is below. General Notice (Full version). Plans … Continue Reading
Although group health plan sponsors are busy focusing on the COBRA subsidy enacted this past February, there are a flurry of laws impacting group health plans that have compliance dates ranging from April 2009 to February 2010. One of the laws, “The Children’s Health Insurance Program Reauthorization Act of 2009”, also enacted in February 2009, … Continue Reading
Today, David Sawyer of Tucker Arensberg, P.C. will be leading a call-in seminar for the Pennsylvania Bar Institute (PBI) regarding the recent COBRA changes. Register for the live seminar (which is from 12:30-1:30). You also may register to listen to the seminar through the internet after its live broadcast by following the same link. Written materials … Continue Reading
We are sending this Employee Benefits Law Alert to update an alert we distributed on February 18, 2009. Government representatives have explained that although the Act states that insurance companies providing insurance for group health plans will be entitled to reimbursement of the COBRA subsidy, the employer (and not the insurance company) generally will be entitled … Continue Reading
This article has been revised to reflect recent guidance. It is important that you read the revised article at the following link: www.medlawblog.com/uploads/file/Revised Cobra Alert 2_26_09 _2_.pdf Yesterday, President Obama signed into law the American Recovery and Reinvestment Tax Act of 2009 (the “Act”). Although a substantial portion of the Act is dedicated to stimulating the … Continue Reading
As they do every year, the Internal Revenue Service increased the dollar limits (adjusted for cost-of-living increases) that apply to qualified retirement plans. There are three separate charts below that list the limits that have changed for 2009. The three charts are separated to identify the revised limits for: (1) defined contribution plans, (2) defined benefit plans, … Continue Reading
The January 1, 2009 deadline for bringing health flexible spending accounts (“health FSAs”) into compliance with the IRS’s new debit card rules has been extended to July 1, 2009. In short, in 2007, the IRS issued guidance stating that, starting on January 1, 2009, participants could use health FSA debit cards to pay for … Continue Reading
In Notice 2008-59, the Treasury and IRS have recently provided guidance related to Health Savings Accounts (HSAs) in the form of 42 frequently asked questions and corresponding answers related to HSAs. HSAs are medical savings accounts which are available to US taxpayers who are enrolled in a High Deductible Health Plan. The funds from HSAs, … Continue Reading
EMPLOYEE BENEFITS LAW ALERT June 25, 2008 EFFECTIVE IMMEDIATELY – NEW LAW PROVIDES NEW EMPLOYEE BENEFIT PLAN RIGHTS TO MEMBERS OF THE MILITARY AND THEIR SURVIVORS Effective immediately, a new federal law, called the Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART Act), requires action to be taken by sponsors of qualified retirement plans and permits … Continue Reading
EMPLOYEE BENEFITS LAW ALERT June 25, 2008 EFFECTIVE IMMEDIATELY – NEW LAW PROVIDES NEW EMPLOYEE BENEFIT PLAN RIGHTS TO MEMBERS OF THE MILITARY AND THEIR SURVIVORS Effective immediately, a new federal law, called the Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART Act), requires action to be taken by sponsors of qualified retirement plans and permits … Continue Reading
Introduction A properly designed retirement program can increase a physician’s retirement plan benefit by more than $80,000 while decreasing the practice’s contribution to the non-physician and even non-owner physician employees by $20,000. If this $100,000 plus difference catches your attention, read the rest of the article! Our examples illustrate how similarly situated physicians can have dramatically different … Continue Reading
TUCKER ARENSBERG HEALTH PLAN SUBROGATION SERVICES Aggressive Subrogation Saves on Health Plan Costs. An aggressive subrogation program can save your business money on health plan costs. Tucker Arensberg has handled subrogation for employer health plans for many years. We like to tell the story about how one year, one subrogation recovery alone paid for all … Continue Reading
HSA limits for 2008 are as follows: Annual Contribution Limits: The maximum HSA contribution is $2,900 for individual coverage and $5,800 for family coverage. High Deductible Health Plan Limits: · Deductible: The minimum deductible for HSA-qualified high deductible health plans is $1,100 for individual coverage and $2,200 for family coverage policies. · Out- … Continue Reading
Health Plan Subrogation – In the News By Joni L. Landy, Esq. In a nutshell, subrogation is the right of a health plan to recover money it paid out for medical care to treat injuries or conditions caused by another party. For example, subrogation may apply when a participant sustains injuries as a result … Continue Reading
Can Medicare Premiums for the Account Holder’s 65 Year Old Spouse be Reimbursed from an HSA? By: Joni Landy, Esq. In general, the law prohibits distributions from an HSA for health insurance premiums. There are several exceptions. The only exception that can apply to Medicare premiums is the exception that allows for payment of health insurance (other … Continue Reading
By: Joni L. Landy, Esq. New proposed cafeteria plan regulations were released on August 6, 2007 that replace prior proposed and temporary regulations, which are withdrawn, and consolidate law changes and guidance issued by the IRS over the past twenty years. The regulations preserve much of the existing guidance but clarify some outstanding issues and include a few … Continue Reading
The Internal Revenue Service issued a private letter ruling on April 20, 2007 concluding that captive professional corporations were beneficially owned by the hospital, but that the activities of the professional corporations were conducted on a larger scale then was reasonably necessary for the performance of the hospital’s exempt functions and that the professional corporations’ … Continue Reading
The Internal Revenue Service has issued guidance regarding rollovers from Flexible Spending Arrangements (FSAs) and Health Reimbursement Arrangements (RHAs) to Health Savings Accounts (HSAs). The guidance is necessary because Health Savings Accounts are typically not available to individuals who are covered by standard FSAs and HRAs. The Tax Relief and Health Care Act of 2006 allowed rollovers … Continue Reading
The Tax Relief and Health Care Act of 2006 contains provisions to improve health savings accounts (HSAs): 1. HSA Funding Contributions: The Act allows rollover contributions from flexible spending accounts (FSAs) and health reimbursement arrangements (HRAs) into HSAs as long as the contributions are no more than the balance of those accounts as of September 21, 2006 and … Continue Reading
The release of the August 2006 inflation figures has allowed calculation of the 2007 financial limits for health savings accounts (HSAs), according to a press release from HSA Clearing Corporation. § The maximum HSA contribution (excluding catch-up contributions) will be $2,850 for individual coverage and $5,650 for family coverage. § The minimum deductible for HSA-qualified … Continue Reading
