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Compliance Matters Newsletter | February 2023

… you-go” plans). Top-off payments are due by the end of February following the calendar year for which they apply. For 2022 Expenditures, the due date is no later than February 28, 2023. Broker Compensation Disclosure Compliance Continues As part of the Consolidated Appropriations Act of 2021, (CAA) certain arrangements with those Employee Retirement Income Security Act (ERISA) health plans that are entered into, extended, or renewed on or after December 27, 2021, must include specific disclosures about compensation. The requirements are modeled after similar disclosures for retirement plans. The requirements are ongoing. Brokers and consultants who are covered …

https://www.epicbrokers.com/insights/compliance-matters-newsletter-february-2023/

Compliance Matters Newsletter | January 2023

… Telemedicine fees must be at least fair market value (FMV) when offered in conjunction with a high deductible health plan (HDHP). Temporary relief from the FMV rules has been in effect since 2020. Congress recently passed legislation extending relief for two more years. HRAs & HSAs Can Be Compatible Health Reimbursement Arrangement (HRA) design will determine whether high deductible health plan (HDHP) participants can also maintain eligibility to contribute to a health savings account (HSA). A general-purpose HRA offering will make all participants ineligible to contribute to an HSA. A post-deductible HRA or limited-purpose HRA will not interfere …

https://www.epicbrokers.com/insights/compliance-matters-newsletter-january-2023/

Compliance Alert: §4980H Employer Mandate Requirements & Penalties

… health plan or group health insurance coverage offered by an employer to an employee that is: (a) a governmental plan, or (b) any other plan or coverage offered in a state’s small or large group market. In addition, IRS regulations clarify that self-funded employer coverage, including a health reimbursement arrangement (HRA), qualifies as an eligible employer-sponsored plan. Minimum Value The requirement to provide “minimum value” is a higher standard than the requirement to offer a MEC plan. A plan provides minimum value if the plan’s share of the total allowed cost of benefits provided to an

https://www.epicbrokers.com/insights/compliance-alert-%c2%a74980h-employer-mandate-requirements-penalties/

Compliance Alert: Internal Revenue Service Updates PCORI Fee for 2023

… 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 who sponsors an HRA integrated with a fully insured medical plan is required to pay the fee only with respect to each HRA participant/employee and are not required to count dependents or beneficiaries. EPIC …

https://www.epicbrokers.com/insights/compliance-alert-internal-revenue-service-updates-pcori-fee-2023/

Compliance Alert: IRS Issues Final Rules for Family Coverage Affordability Determination

… 1, 2023, employer plan affordability for family members will be based on the required cost for the entire family to participate in the employer-sponsored plan. Affordability for the employee will still be based on the employee’s cost for single (employee-only) coverage. Depending on an employer’s contribution arrangement, this could create a situation where family members are eligible for the PTC purchasing individual coverage, while the employee remains ineligible based on the cost of single coverage. Determining the Cost of Employer-Sponsored Coverage To determine the cost of coverage for purposes of affordability for family members, the …

https://www.epicbrokers.com/insights/compliance-alert-irs-issues-final-rules-for-family-coverage-affordability-determination/

Compliance Alert: Updates to 2023 Health FSA & Qualified Transportation Limits

Quick Facts On October 18, 2022, the Internal Revenue Service (IRS) released updated limits for health flexible spending arrangements (FSAs) and commuter benefits. These limits are adjusted annually for inflation. Limits for Dependent Care Assistance Programs (DCAP) are set by statute and not adjusted annually for inflation. Background In Revenue Procedure 2022-38, the IRS sets forth a variety of 2023 adjusted tax limits. Among other things, the notice indicates that employee contribution limits toward health FSAs and qualified transportation fringe benefits will increase for 2023. The limit on annual employee contributions toward health FSAs is $3,050 in 2023 …

https://www.epicbrokers.com/insights/compliance-alert-updates-to-2023-health-fsa-qualified-transportation-limits/

Compliance Alert: Considerations for Domestic Partner Coverage in Employee Benefits

… to income tax withholding. Employers should pay close attention to domestic partner rules that effect mid-year changes under IRC Section 125 and Consolidated Omnibus Budget Reconciliation Act (COBRA) coverage. Background While opposite-sex and same-sex marriages are permitted nationwide, today’s workforce presents a wide variety of relationship arrangements for which a domestic partner benefit offering provides more flexibility. In addition, while most employers are not required to offer benefits to domestic partners, doing so may provide some additional protection against claims of discrimination based on gender. For employers who do offer coverage to domestic partners, and maybe …

https://www.epicbrokers.com/insights/domestic-partner-coverage-considerations/

Compliance Alert: Departments Release Updated Guidance for Contraception Coverage

… and provision of contraceptives (including in the immediate postpartum period).” Counseling and education include instruction in fertility awareness-based methods, including lactation amenorrhea for women desiring an alternative method. Use of Account-Based Plans for OTC Contraceptives A health savings account (HSA), health flexible spending account (HFSA), or health reimbursement arrangement (HRA) can reimburse an individual for the cost (or portion of the cost) incurred for OTC contraception to the extent that cost is not paid or reimbursed by another plan or coverage. Dispensing 12-Month Supply at One Time Plans and carriers are encouraged (although not required) to cover …

https://www.epicbrokers.com/insights/compliance-alert-departments-release-updated-guidance-for-contraception-coverage/