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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

To Identify the Best Candidate, Ask the Right Questions

Are the questions you’re asking potential employees truly helping you identify the best candidate? Increasingly, employers are learning that questions don’t need to be interesting, just effective. Instead of asking a candidate about their favorite superhero, which is essentially another way of asking them what their super power would be, ask them what they like to […]

What works for not working: Rethinking your vacation policy

Summer is approaching, which means your employees are probably looking to get away for a well-deserved vacation — or, at the very least, a staycation that includes unplugging for the week. The low unemployment rate and an increasing number of job openings signal to employers that they need to offer more time off to compete […]

Avoiding red flags: How to lower your plan’s audit risk

Are only the largest retirement plans audited? The truth is that plans of any size can be audited by the IRS and the DOL. Your plan could be selected for a random audit, or as a result of IRS datasets that target certain types of plans. However, lots of audits are triggered by specific events. […]