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USERRA Benefits Requirements

… long as coverage is continued by the employee. NOTE: Even if the spouse and dependents do not have independent continuation rights under USERRA, they may qualify for independent coverage rights under COBRA. The definition of a “health plan” for this purpose is broad, including major medical plans, as well as other health plans such as health Flexible Spending Accounts (FSAs), Health Reimbursement Arrangements (HRAs), dental, and vision. Coverage continuation is not required for non-health benefits. The employer responsibility for contributions is set forth in 38 United States Code (USC) §4317(a) and differs a bit depending upon the …

https://www.epicbrokers.com/insights/userra-benefits-requirements/

Additional Guidance for Health Plan Coverage of OTC COVID-19 Tests

… following requirements:  Implement a process of direct payment to the preferred (i.e. in-network) pharmacies or retailers so that the participant is not required to submit a claim for reimbursement; and  Offer a “direct-to-consumer” shipping program that can be provided through an internet, mail or phone order arrangement and can be offered through a vendor or relationship separate from the health plan itself. The new FAQs recognize that there may be supply shortages, but as long as the plan offers a direct-to-consumer program, the plan can still limit reimbursement for out-of-network tests to …

https://www.epicbrokers.com/insights/additional-guidance-for-health-plan-coverage-of-otc-covid-19-tests/

DOL Provides Q&As for CAA Broker Compensation Disclosure Requirements

The Consolidated Appropriations Act (CAA), signed into law on December 27, 2020, included a requirement that starting December 27, 2021, brokers and consultants supplying services to Employee Retirement Income Security Act (ERISA) group health plans disclose to plan fiduciaries (typically the plan sponsor), in writing, direct and indirect compensation they receive for providing services to such plans. This disclosure requirement was effective for “contracts or arrangements entered into, extended, or renewed on or after December 27, 2021.” See our Compliance Insights article, “Employee Benefits Broker Compensation Disclosure Requirements Are Coming Soon,” for more information. On Thursday, December 30, 2021, the …

https://www.epicbrokers.com/insights/dol-provides-qas-caa-broker-compensation-disclosure-requirements/

Thoughts on Law Firm Engagement Letters

… that up front. Of course, before relying on any form of conflicts waiver, the lawyer should be satisfied that the conflict is one that can be waived and that the likelihood of the lawyer having to withdraw mid-matter to the detriment of one or more clients is not unduly high. Matter/File Closings and Obligations  Many if not most lawyers employ language that specifies the number of years after which the firm will or may destroy documents unless the client makes different arrangements in writing. File storage costs being what they are, this saves time and confusion at a

https://www.epicbrokers.com/insights/law-firm-engagement-letters/

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/