Author: Michael Rubenstein

29 Jul

Signing up for Medicare while covered by employer’s health plan

You have a seven-month window to enroll in Part A, which is free and covers hospital services. The enrollment period begins three months before the month you turn 65 and ends three months after your birthday month. You can enroll in Medicare online at SocialSecurity.gov or visit your local Social Security office, even if you’re not ready […]

29 Jul

It’s now easier to create an association health plan — but the government should do even more

The Department of Labor recently issued new rules that make it easier for small businesses to join together to create association health plans. With this change, small businesses can form AHPs without having to follow some Affordable Care Act requirements that they previously had to adhere to. Now, in theory, it is easier to create AHPs if […]

27 Jul

House passes bills expanding health savings accounts

The House of Representatives on Wednesday passed two healthcare bills that would expand the use of health savings accounts, a move that, if advanced, could significantly drive higher employee enrollment in high-deductible health plans that feature HSAs. The Restoring Access to Medication and Modernizing Health Savings Accounts Act, or HR 6199, takes several steps to […]

23 Jul

Part-time workers may be the key to ACA exchange rebirth

The U.S. government is attempting to wrangle insurance carriers back into the Affordable Care Act health exchanges by increasing their funding. As a result brokers could also see a return to the exchanges through a boost in commissions from those carriers looking to reinvest. Having renewed employer and employee interest in the exchanges also means […]

23 Jul

Obamacare fix said to be prepared after risk payments halted

The Trump administration is preparing a regulation that would allow the resumption of billions of dollars in payments to health insurers in Obamacare. The Office of Management and Budget was sent a rule on Wednesday from the Centers for Medicare and Medicaid Services tied to the risk-adjustment program, which transfers money to insurers who take […]

16 Jul

Question of the Month: Penalties for failing to comply with Section 125 requirements

Q.What are the penalties for failing to comply with Section 125 requirements, such as failing to follow a cafeteria plan document’s terms? A: An operational failure occurs when a plan fails to follow its cafeteria plan document’s terms. There are several potential penalties for operational failures, including: Cafeteria plan disqualification Requiring the cafeteria plan to comply […]

16 Jul

The new role of HRAs after Trump’s ACA executive orders

The Trump Administration released final rules in mid-June on Association Health Plans with final rules on short-term, limited-duration insurance plans (STIs) due in September. There’s been a lot of ink spilled on those topics and what they may do to either undercut the ACA or provide employers and employees with more coverage options, depending on […]

09 Jul

U.S. freezes payments to ACA insurers with sicker patients

The U.S. agency that administers Obamacare is freezing payments to insurers that cover sicker patients, saying a federal court ruling ties its hands. The move brought a sharp response from health insurers warning of market disruptions and higher costs. The Centers for Medicare & Medicaid Services said Saturday that the February action by the trial […]

06 Jul

When is a ‘bonus’ really a ‘commission’? A reminder to ensure pay plans comply with state laws

In the past, we have highlighted some of the legal risks of employing commission-based employees, as well as some of the methods for limiting those risks. A new court decision out of Illinois provides a good reminder that vaguely described policies and restrictive payment rules can expose employers to large liabilities. In this case, a longtime office furniture salesperson worked under a […]

06 Jul

How employers are responding to IRS Affordable Care Act penalty letters

Employers who were issued IRS penalty Letter 226-J could receive more bad news depending on how they intend to respond to their alleged violation of the employer shared responsibility provision of the Affordable Care Act. To give the accused a chance to plead their case, Letter 226-J gives employers the opportunity to refute the assessed penalty amount […]