Compliance

Commentary: While the rules are clear that employers cannot reimburse employees for coverage purchased on the Affordable Care Act’s exchanges, broker David C. Smith explores questions about post-ACA reimbursement arrangements, particularly HRAs.

As reports of more DOL audits continue to spook benefit advisers into talking compliance with their clients, employers are confirming that they, too, are fearful of federal agencies’ monitoring.

Over the past two months, minimum wage increases have either been signed into law or enacted in states from coast to coast. With many more locales still considering changes, management and legal authorities recommend employers – of all sizes and industry – revisit their pay structures.

The Equal Employment Opportunity Commission’s vigorous zeal for employer compliance with the Americans with Disability Act is not showing any signs of letting up. As a result, legal advisers in the labor and employment field recommend that employers of all sizes conduct a thorough review of their policies and accommodations.

If it “smells like a benefit plan,” you likely have to follow ERISA, said one speaker at the National Association of Health Underwriters annual convention in Scottsdale, Ariz. Here are some general tips benefit advisers need to know about complying with this law, for your clients and their employees alike.

“The majority of Americans, including many small business owners, are still confused about the health reform legislation,” according to Health Partners America, a broker training and education organization. Here are 10 FAQs about the Affordable Care Act and its implications for small businesses.

There are few smiles as the ACA’s effect on dental coverage begins to be better understood. Coupling dental benefits with health care coverage may have unintended consequences — and complicate access for employees.

The president of the ESOP Association calls the Supreme Court’s decision in Fifth Third Bancorp v. Dudenhoeffer a “mish-mash” and says he doesn’t consider it to be a big victory for employers.

Dealing with the compliance and regulatory challenges of the Affordable Care Act and other employment legislation hasn’t left employers much time in recent years to deal with broader benefits strategy issues but the two areas – compliance and strategy – go hand-in-hand.

When he ran for president in 1988, Michael Dukakis infused the phrase “Massachusetts Miracle” into stump speeches to describe the state’s economic transformation. That same description could apply if a costly and controversial plan to fix the state’s Connector exchange succeeds.

Recently, the Internal Revenue Service has focused enforcement activity on examining the implementation of a strong internal control system. The IRS has publicly stated that if a plan is selected for audit the agent will use their evaluation of the plan’s internal controls to determine whether the scope of the examination will be focused or expanded.

A new proposal from the Department of Labor plans to extend the reach of the Family Medical Leave Act to all eligible employees in same-sex marriages, as the federal government continues to offer guidance after the U.S. Supreme Court’s landmark ruling in United States v. Windsor.

Newark is set to join the likes of several other large cities that require employers with 10 or more employees to offer paid sick time.

Employers focused on Obamacare may be missing one of today’s most important compliance issues: benefits for same-sex married couples. Since June 2013, when the United States Supreme Court ruled in U.S. v. Windsor that a federal statute limiting the terms “spouse” and “marriage” to couples of the opposite sex was unconstitutional, a sea-change has taken place in national attitudes about same-sex marriage.

The IRS has launched a compliance check program to better understand how plan sponsors are complying with Roth deferral provisions in 401(k) plans. If asked to participate, failure to to respond could trigger an audit.

The state of Massachusetts officially repealed the employer pay-or-play regulations that were part of its landmark 2006 health care reform law. Similar to the employer mandate in the Affordable Care Act, the state statute required employers of a certain size to either offer health care coverage to their employees or pay a fine.

Changes to the federal Workforce Investment Act will increase accountability for national job-training programs and shift the emphasis to employer-led education in growth industries.

Why it’s important to prepare your employer clients now for this ACA filing due in early 2016.

This figure is about one-third less than previously estimated, after the Obama administration created exemptions from the fine.

Commentary: Blogger Craig Hasday highlights several recent federal regulations that could point to a change in the air for the insurance industry.