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Employee Benefits Broker Compensation Disclosure Requirements Are Coming Soon

As part of the Consolidated Appropriations Act (CAA) signed into law by President Trump in December 2020, contracts or arrangements for services between a “covered plan” and a “covered service provider” (CSP) entered into, extended, or renewed on or after December 27, 2021, must include specific disclosures for broker and consultant compensation. Covered service providers and plan fiduciaries should take a good faith reasonable interpretation of the statue in order to comply, beginning December 27, 2021. On December 30, 2021, the Department of Labor (DOL) released a Field Assistance Bulletin providing some clarifying guidance on the new requirements. We expect …

https://www.epicbrokers.com/insights/employee-benefits-broker-compensation-disclosure-requirements-coming-soon/

2021 ACA Employer Reporting Update: Permanent Extension to Provide Employee Forms & End of Transition Relief for Reporting Errors

… Forms 1094 and 1095 Have Been Released The final forms contain very few changes from prior years; however, reference to relief for reporting errors has been removed from the instructions (see more below). Form 1095-C also contains two new codes for employers that sponsor an individual coverage health reimbursement arrangement (ICHRA). Permanent Extended Deadline for Distributing Form 1095s to Individuals Employer reporting rules require that employers provide a copy of Form 1095 to employees and participants by January 31; however, for the last few years, the IRS has offered a 30-day extension to that deadline. The proposed rules …

https://www.epicbrokers.com/insights/aca-employer-reporting-permanent-extension-forms-end-transition-relief-errors/

W-2 Employer Reporting Review Guide

… employer-sponsored coverage includes coverage under any group health plan made available to employees which is excludable from the employee’s gross income under Section 106. However, certain benefits are specifically excluded from the reporting requirement. Benefits not required to be included in the W-2 reporting are: Health Reimbursement Arrangements (HRAs). Stand-alone dental or vision coverage that meets the Health Insurance Portability and Accountability Act (HIPAA) definition of an “excepted benefit.” Coverage issued as a supplement to liability insurance. Contributions to Health Savings Accounts (HSAs). Workers’ compensation or similar insurance. Long-term care insurance. Liability insurance, credit-only …

https://www.epicbrokers.com/insights/w2-employer-reporting-review-guide/

IRS Updates PCORI Fee for Plan Years Ending After October 1, 2021

… methods available to self-funded plan sponsors to determine the average covered lives used for reporting and paying the PCORI fee: the actual count method; the snapshot method; or the Form 5500 method. There are special rules that apply for employers offering multiple self-funded plans or a health reimbursement arrangement (HRA) integrated with a fully insured plan: Multiple Self-Funded Plans – If one plan sponsor maintains more than one self-funded health plan with the same plan year, the arrangements can be treated as a single plan for purposes of the fee. HRAs – An employer that sponsors an HRA …

https://www.epicbrokers.com/insights/irs-updates-pcori-fee-plan-years-ending-after-october-2021/

IRS Announces 2022 Health FSA & Qualified Transportation Limits

… per month for parking and $280 per month for transit, both limits up from $270 per month in 2021. Background In Revenue Procedure 2021-45, the IRS sets forth a variety of 2022 adjusted tax limits. Among other things, the notice indicates that employee contribution limits toward health flexible spending arrangements also known as flexible spending accounts, or FSAs, and qualified transportation fringe benefits will increase slightly for 2022. The limit on annual employee contributions toward health FSAs for 2022 is $2,850, up from $2,750 in 2021 with the ability to carry over up to $570, up from …

https://www.epicbrokers.com/insights/irs-2022-health-fsa-qualified-transportation-limits/

No Surprises Act Part II Interim Final Rule: The Independent Dispute Resolution Process

… created Surprise Billing webpages that provide information on the NSA. HHS created the IDR Entity Certification Application Web Form Quick Reference Guide that explains the process for an arbitration organization to become a certified IDR entity. To be certified, an IDR entity must possess (directly or through contracts or other arrangements) and demonstrate sufficient expertise to conduct dispute resolution. Once certified the entity can act as a third-party responsible for settling NSA payment disputes between payers and providers. The NSA requires the Departments to publish certain information regarding the surprise billing IDR process on a public website every calendar …

https://www.epicbrokers.com/insights/no-surprises-act-part-ii-independent-dispute-resolution/

COVID-19 Vaccine Incentives Employer Guide

… e.g., for COVID-19-related treatment) for employees or their family members who are not vaccinated. Some of the most common incentives include additional vacation or paid time off (PTO), gift cards or cash bonuses, medical plan premium or deductible differentials, and health flexible spending account (FSA), health reimbursement arrangement (HRA) or health savings account (HSA) contributions. If the incentive is PTO, gift cards or cash, it should be treated as taxable to the employee. If the incentive is tied to the employer’s group medical plan, health FSA, HRA or HSA it can be provided on a tax …

https://www.epicbrokers.com/insights/covid-19-vaccine-incentives-employer-guide/

Reminders About Upcoming Changes to Healthcare Spending Related to the COVID-19 Pandemic

… The IRS’s temporary deductible waiver rule covers only the testing and treatment of COVID-19 under an HDHP through the end of the declared COVID-19 public health emergency. The CARES Act rule suspending the deductible requirement for all telehealth services does not extend into 2022. The CARES Act and IRS notice expanded the lists of qualified medical expenses that can be reimbursed from tax-advantaged medical accounts. Tax-advantaged medical accounts include health flexible spending arrangements (FSAs), health savings accounts (HSAs), health reimbursement arrangements (HRAs) and Archer medical savings accounts (Archer MSAs). These accounts allow individuals to …

https://www.epicbrokers.com/insights/reminders-upcoming-changes-healthcare-spending-covid-19-pandemic/