In The News

  • Compliance Update | December 2016 | McGohan Brabender

    Download PDF Relief for Small Employers The IRS has issued several rules clearly stating employers cannot pay for individual health policies on either a pre-tax or post-tax basis. Employers that do that are subject to a $100 per day per employee penalty. Congress recently passed and President Obama has signed legislation that allows small employers (i.e. those with 50 or fewer full-time and full-time equivalent employees) to pay for individual health policies. This article talks... Read More

  • Flash Update | December 3, 2016 | McGohan Brabender

    1095 Deadline Extended The IRS has issued Notice 2016-70, which delays the deadline for providing a copy of the 1095 to covered individuals/full-time employees from January 31, 2017 to March 2, 2017. READ MORE

  • Compliance Update | November 2016 | McGohan Brabender

    PDF Election Results and Obamacare All the political pundits and pollsters had it wrong. Donald Trump is president-elect and he has criticized Obamacare from the beginning and has promised to repeal and replace the law. However, that may be easier said than done. Here are three articles that discuss that possibility and a more likely outcome. What Trump election means for ACA Employers should stay the course for now ACA post-election outlook The “bottom line”... Read More

  • Compliance Update | October 2016 | McGohan Brabender

    Transitional Reinsurance Fee Reporting Deadline Approaching Health care reform established a transitional reinsurance fee to gather money to pay carriers participating in the health care exchanges or marketplaces. The fee is designed to help compensate the carriers for the adverse risk associated with those individuals getting coverage through the health care exchanges or marketplaces. Reinsurance Fee Fact Sheet Employers sponsoring self-funded health plans have to file reports with the government and pay the fee based... Read More

  • Compliance Update | September 2016 | McGohan Brabender

    MB September Compliance Update pdf  Medicare Part D Notice Requirements The Medicare Part D program is the voluntary prescription drug program under Medicare. There is an annual notice requirement associated with the program and the government has developed a template employers can use to comply. However, there is a lot of confusion regarding the timing of the notice. Many people believe the notice has to be distributed in October of each year but that is... Read More

  • Compliance Update | August 2016 | McGohan Brabender

    PDF August Compliance Update Review Your Cash-Out Plans The IRS issued proposed regulations expanding on the previous guidance governing cash-out plans. The typical cash-out plan says that if the employee is otherwise eligible for the employer’s group health plan, the employer will pay the employee additional taxable income for waiving coverage under the employer’s group health plan. If the cash-out plan is not structured properly the plan can have a dramatic impact on the employer... Read More

  • Compliance Update | July 2016 | McGohan Brabender

    July Newsletter PDF Filing Deadlines Fast Approaching I am going to make this one of the shorter compliance updates because I want to focus on two approaching deadlines and I do not want them to get lost in a long update. Form 5500 The ERISA filing rules applicable to “welfare benefit plans” like health, dental and group term life insurance are crystal clear and have been around for many years. You have to file an... Read More

  • Compliance Update | June 2016 | McGohan Brabender

    PDF PCORI Fee Due Next Month If you sponsor a self-funded health plan (including an HRA), you need to calculate and pay the PCORI fee. The fee is reported on IRS Form 720 and is paid with IRS Form 720V. PCORI Fee FAQs The PCORI fee has been around for a while, but this is really a good article on the topic.  EEOC Issues Final Wellness Rules The big news is that the EEOC (i.e.... Read More

  • Compliance Update | May 2016 | McGohan Brabender

    Click here for PDF EEOC Issues Final Sets of Wellness Program Rules The Equal Employment Opportunity Commission (EEOC) issued two final sets of rules on May 16 governing wellness programs. The rules, which become effective for plan years beginning on or after January 1, 2017, provide guidelines under both the Americans with Disabilities Act (ADA) and Genetic Information Nondiscrimination Act (GINA). EEOC Issues Final Wellness Rules The rules are long and complex and we will... Read More

  • Compliance Update | April 2016 | McGohan Brabender

    PDF How to Fix Mistakes with IRS Forms 1094 and IRS Forms 1095 New SBCs Next Year Health Care Reform Issues on the Horizon Government Stepping Up HIPAA Audits ACA and Small Employers ERISA Preemption Alive and Well – Mostly Plan Imposed Statute of Limitations Provider Directories in the Spotlight EEOC Continues to Battle and Lose with Respect to Certain Wellness Programs Finalized Rules FMLA and Medical Certificates Indexed Amounts Health Costs Continue to Rise... Read More