Q.- If an employer fails to offer affordable, minimum coverage to 95% of its full time employees and is subject to an employer mandate penalty, is that penalty assessed on the individual employer or on all employers of the controlled group?
Many employers require employees to sign documents as a condition of employment. Confidentiality agreements, employment agreements, non-compete agreements are just some of the documents that may be required as a condition of starting a job. Some agreements may have clauses requiring employees to pursue claims against the employer through arbitration instead of bringing a case in court. A 9th U.S. Circuit Court of Appeals ruling brings these so-called “concerted action waivers” under scrutiny.
The IRS issued an alert warning individuals about a new scam related to the Affordable Care Act. The scam involves an email reportedly from the IRS asking the recipient to pay a fee for ACA data match issues.
Employers should distribute their Medicare Part D Creditable Coverage Notices by October 15.
The IRS offers many tools for employers to help with ACA compliance. The ACA Information Center for Applicable Large Employers is a repository of helpful guidance for employers to meet their health care reform responsibilities. Articles, videos and frequently asked questions help employers understand their responsibilities.
An applicable large employer (ALE) must offer affordable minimum essential coverage that provides minimum value to its full-time employees and their dependents or pay a tax penalty (called an “assessable payment”).
New rules under the Americans with Disabilities Act (ADA) require employers to notify employees if their wellness program collects employee health information. The notice must describe what information will be collected, how it will be used, who will receive it and how it will be kept confidential.
Q.- One of our COBRA continuants told us he got divorced and we should remove his ex-wife from COBRA coverage. Does the wife have the option to continue her COBRA or do we remove her?
Under ACA, ALEs and other employers with self-funded plans must report information about offers of coverage to individuals and to the IRS.
Q.- We are a new employer and didn’t exist in 2015. How do we know if we have enough employees to be subject to the employer shared responsibility provisions?
Health plans with 100 or more participants must file a Form 5500 informational return with the Department of Labor by the last day of the 7th calendar month after the end of the plan year. This was July 31 for calendar year plans that did not request a filing extension.
Q.- An employee was covered under our health plan with his children. He terminated employment. Does he have to elect COBRA coverage in order for his children to get coverage?
Many employers are under the erroneous understanding that an individual cannot have both COBRA and Medicare coverage.