Health FSAs: Nondiscrimination Testing Under IRC §105(h)

Author: Andrew Wilson, Regulatory and Legislative Specialist, Hays Companies Overview of IRC §105(h) Nondiscrimination Testing Health Flexible Spending Accounts (HFSAs) are a type of tax-advantaged medical account that reimburses employees for eligible health care expenses and are a component of many employer-sponsored cafeteria plans. Specifically, IRC §105(h) prohibits those plans from discriminating in favor of “highly compensated […]

Updated Guidance on Drug Manufacturers’ Coupons – Enforcement Delay

Author: Cindy Niesen, Associate Director: Research & Compliance, Hays Companies Last week, the US Departments of Health and Human Services (HHS), Treasury and Labor jointly issued an FAQ stating that for 2020 they will not enforce new guidelines (which were incorporated into HHS’s Notice of Benefit and Payment Parameters for 2020) regarding drug manufacturers’ assistance […]

HIPAA Privacy Rule – Are You In Compliance?

Many employers that sponsor self-insured health plans are under the assumption that their Notice of Privacy Practices covers their responsibilities under HIPAA. While the Notice of Privacy Practices is an excellent starting point, there is more to HIPAA Privacy and Security that you need to know.

2020 ACA Out-Of-Pocket Maximums and Health Savings Account Limits

As the Hays Research and Compliance team looks towards the new year, we want to inform our clients that there will be two plan design changes to consider for 2020: Affordable Care Act out-of-pocket maximum dollar limits, and, High Deductible Health Plan limits. Affordable Care Act Out-Of-Pocket Maximum Dollar Limits This April, the U.S. Department […]

Issues to Consider for 2020 Renewals

Affordability Safe Harbors The safe harbor percentage for 2019 is 9.86% (IRS per Rev. Proc. 2018-34). The safe harbor percentage for 2020 is 9.78% (IRS per Rev. Proc. 2019-29). Employer Shared Responsibility Tax (employer mandate) – applicable to the 2018 plan year 4980(a) tax for not offering minimum essential coverage to at least 95% of […]

Affordability Percentages Will Decrease For 2020

On July 23, 2019, the Internal Revenue Service (IRS) issued Revenue Procedure 2019-29 to index the contribution percentages in 2020 for purposes of determining affordability of an employer’s plan under the Affordable Care Act (ACA). For plan years beginning in 2020, employer-sponsored coverage will be considered affordable if the employee’s required contribution for self-only coverage does not exceed:

Why You Should Be Offering Fringe Benefits

In today’s war for talent, the power unequivocally lies in the hands of the candidates. As a result, expectations for workplace benefits are rapidly shifting. Employers recognize that attractive benefit plans are critically essential to engage and retain a competent workforce, but rising costs (usually in the group health sphere) can be cost-prohibitive, hindering an organization’s ability to rework their offerings substantially.

IRS Expands Preventive Care for HDHPs to Include Chronic Conditions

On July 17, 2019, the IRS released Notice 2019-45 to add care for a range of chronic conditions to the list of preventive care benefits that can be provided by a high deductible health plan (HDHP) without a deductible.

Compliance Webinar | HIPAA: Protecting Your PHI and Protecting You From Penalties

In this 1-hour webinar, presented by Hays Companies Research and Compliance Department, we present an overview of HIPAA Privacy and Security rules applicable to group health plans, as well as the latest requirements for the privacy and security of protected health information (PHI) and the role of the employer as plan sponsor. Other topics include: […]