1. Question: If the Patriots bring back Randy Moss for Sunday's game, will they have to report Moss' contribution for health coverage?
Answer: If the Patriots file 250 or more Forms W-2 in 2011, they will have to report the cost of Patriots-sponsored group health plan coverage in Box 12, Code DD of Randy Moss' 2012 Form W-2 issued in January 2013. The reportable cost will include both the Patriots' contribution and Moss' contribution for coverage.
2. Question: If Rob Gronkowsi’s doctors told him he could play only if he wore a really expensive prototype ankle brace not currently available on the market, would the brace be eligible for reimbursement from his health flexible spending account?
Answer: Assuming the brace is for medical care and not for Gronkowski's general well being, the amount he pays for the brace that is not covered by insurance (or otherwise reimbursed) could be eligible to be paid from his health FSA.
3. Question: If the Giants get blown away by Tom Brady and company and subsequently fire their Defensive Coordinator who contractually must be paid for the one year remaining on his contract, would a COBRA notice be required at the time of termination or after the last remaining payment on his contract is made?
Answer: The answer depends on when the termination of employment occurs and when health coverage is lost. COBRA continuation coverage must be offered when (1) there is a recognized qualifying event, (2) the individual was covered under the health plan on the day before the qualifying event, and (3) a loss of health coverage occurs. If the Defensive Coordinator loses health coverage upon his termination on February 6, his COBRA qualifying event will be considered to have occurred at that time. If health coverage for the Defensive Coordinator continues for the length of the contract payout, there may not be a COBRA qualifying event this year. The Giants will have to consider if they should provide a qualifying event notice this year and credit the health coverage provided toward COBRA continuation coverage period.
4. Question: Having turned 65 in 2011, is it necessary for New York Giants' Coach Tom Coughlin to apply for Medicare?
Answer: Probably not. Medicare pays secondary to group health plan coverage for individuals age 65 or older if the group health coverage is by virtue of the individual's current employment status or the current employment status of a spouse. This rule applies to employers with 20 or more employees. If Coach Coughlin keeps his Giants active employee coverage, that coverage will coordinate with Medicare making Medicare not so useful to him.
5. Question: When Chad Johnson changed his name to Chad Ochocinco, were there any special steps he had to take to get a prescription refilled that was originally written when he was Chad Johnson?
Answer: Ochocinco should let the plan administrator know of the name change. If Ochocinco is on the BAS MyEnroll system, he would only have to tell his HR administrator who could easily log on to MyEnroll.com to update the demographic information. Most likely, an electronic data feed would be sent to the carrier with the new name information.
6. Question: When Eli Manning goes to visit his parents in Louisiana after the big game, what should he do if he needs to see an orthopaedic surgeon?
Answer: Eli Manning should look on the back of his health insurance card to see if there are any requirements for accessing care while out of state. He may want to call the insurer's telephone number and ask for clarification. If Eli Manning participates in an HMO, he may need a referral from his New York doctor. If he participates in a PPO, he should check to make sure the doctor is a recognized provider.
7. Question: Philadelphia Eagles Coach Andy Reid is at the Superbowl scouting potential Defensive Coordinators. He hires someone to keep an eye on his sons while he is in Indianapolis. Can Coach Reid be reimbursed for the cost of care from his dependent care flexible spending account?
Answer: No. Benefits under a dependent care FSA are available only with respect to qualifying individuals of an employee. A qualifying individual is an employee's dependent child who has not attained age 13, or the employee's dependent or spouse who is physically or mentally incapable of self-care and shares the home of the employee for more than half of the year. Coach Reid's sons are older than 13.
8. Question: One of the most senior officials handling the Super Bowl makes three blatantly bad calls, each of which is reversed through coaches challenges. Would the official’s special prescription goggles he buys be covered under his own vision plan or be considered an ADA special accommodation and thereby covered by the NFL?
Answer: The official's poor calls are not a "workplace barrier," and employers do not have to provide personal use items under the ADA. The official should submit the expense to his vision plan. Amounts not covered by insurance or otherwise reimbursed may be eligible for payment from his health flexible spending account plan.
9. Question: Are there any HIPAA implications if within moments of Ahmad Bradshaw being rushed into the locker room during the first quarter for a quick MRI of his foot, the New York Giants' team doctors report to the press that the screw in his foot is dislodged?
Answer: The HIPAA Privacy Rules apply to health plans, health care clearinghouses, and health care providers who conduct certain covered transactions electronically. If the team doctor does not engage in the electronic transactions covered by HIPAA, the doctor may be excepted from HIPAA's privacy requirements. In any event, Ahmad Bradshaw may authorize the disclosure to the media.
10. Question: Osi Umenyiora and Jason Pierre-Paul dump a huge Gatorade cooler on New York Coach Tom Coughlin at the end of the game, who hypothetically comes down with a bad case of pneumonia. Would Coach Coughlin be successful in filing a Worker’s Comp claim for his medical bills and any lost wages?
Answer: Hmmmmm…… Only time will tell.
