On November 26, 2013, the Supreme Court of the United States agreed to hear challenges to the requirement that employer-provided health insurance include certain contraceptive methods. The Supreme Court will consider two cases: Hobby Lobby Stores, Inc., et al., v. Sebelius, et al. from the Tenth Circuit Court of Appeals and Conestoga Wood Specialties Corp., et al. v. Sebelius, et … Continue Reading
Based upon an IRS determination which took effect last week, same-sex couples who enter into marriages in jurisdictions that recognize such marriages are now treated as married for federal tax purposes, regardless of whether the couple lives in a jurisdiction that recognizes same-sex marriage. The IRS will now allow pre-tax dollars to be used to pay premiums for same-sex spouse … Continue Reading
The Treasury Department has just announced that the employer penalty provisions of Health Care Reform, which were set to go into effect on January 1, 2014, will now be delayed until 2015. The delay applies only to the employer penalty provisions and certain related information reporting requirements. At least for now, the implementation of the Health Insurance Marketplaces (Exchanges) and … Continue Reading
Traditional employment laws often interact with traditional employee benefit laws. One such example is the Americans with Disabilities Act (ADA)’s impact on employer-sponsored group health plans. As group health plan costs continue to rise, and as federal health care reform legislation focuses additional attention on health plan design and coverage issues, it is important for employers to remain vigilant of … Continue Reading
The Affordable Care Act (ACA)’s whistleblower provisions may present a hazard for unsuspecting employers. On February 27, 2013, the Department of Labor’s Occupational Safety and Health Administration (OSHA) released an interim final rule prescribing the procedures and time frames for handling whistleblower complaints filed under ACA, which prohibits retaliation against workers who report violations of the law’s consumer protections.
ACA … Continue Reading
While one of the greatest benefits of the federal Affordable Care Act (“ACA”) is better access for all to quality healthcare, theoretically resulting in lower health care expenditures, there also are costs associated with the ACA. Many of these costs take the form of additional fees on participating insurers and health maintenance organizations in our nation’s healthcare system. The federal … Continue Reading
2013 is shaping up to be a very busy year for employers in all industries, with the continued implementation of the Patient Protection and Affordable Care Act (“ACA”). Recognizing that in 2014, applicable large employers will avoid ACA-related penalty taxes by offering required affordable group health plan coverage just to full-time employees (i.e., those working an average of … Continue Reading
On August 20, 2012, the Eleventh Circuit held in Seff v. Broward County, Florida that the ADA’s safe harbor provision allows employers to deduct a fee from the paychecks of employees who choose not to participate in a wellness program.
Broward County offers its employees a group health insurance plan. Beginning in 2009, employees enrolling in the plan became eligible … Continue Reading
The United States Supreme Court (the “Court”) issued a historic holding today, June 28, 2012. The Court has ruled that the Patient Protection and Affordable Care Act of 2010, together with the Health Care and Education Tax Credits Reconciliation Act of 2010 (collectively, the “Health Reform Act”), which had been signed into law in late March of 2010, is almost … Continue Reading