October 19, 2020

MEWAs: State Regulation vs ERISA Preemption

There has long been confusion around a state’s ability to regulate Multiple Employer Welfare Arrangements (MEWAs) and ERISA’s preemption of those regulations. The reason for the confusion is that it can be a very confusing subject! We’ll try to bring some clarity to this issue by looking at different types of MEWAs and how they… Continue Reading

October 7, 2020

Extension and Penalty Relief for 1095-B and 1095-C Statements

Statement Deadline Extended IRS Notice 2020-76 extends the due date for furnishing the 2020 Form 1095-B and Form 1095-C statements to individuals, from January 31, 2021, to March 2, 2021. Because of this automatic extension, employers will not receive an additional extension of time for furnishing these statements if they submit Form 8809 (Application for… Continue Reading

September 25, 2020

HIPAA Breach by Business Associate Affecting 6 Million Results in $2.3 Million Settlement

It’s no secret the healthcare industry receives its fair share of cyberattacks. A six-year investigation resulted in a $2.3 million dollar payment to the Office of Civil Rights (OCR) and compliance with a corrective action plan for “longstanding, systemic noncompliance with the HIPAA Security Rule” despite an FBI notification in 2014. CHSPSC LLC repeatedly failed… Continue Reading

September 22, 2020

Make Sure Employers Know Their Responsibilities in a MEWA

There are few things more complicated in running a multiple employer welfare arrangement (MEWA) than making sure that the employer members understand their rights and obligations in relation to the association and its health plan. These are typically spelled out in a contract between the employer and the MEWA, commonly called a subscription or participation… Continue Reading

September 17, 2020

DOL Narrows “Health Care Provider” Definition in Revised FFCRA Rule

Effective September 16, 2020, the DOL promulgated a revised rule regarding certain provisions of the FFCRA. The DOL reviewed objections by the U.S. District Court for the Southern District of New York from early August. Who’s this Affect? Health care employers who may have excluded their entire workforce as “health care providers” from the original… Continue Reading

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