The Latest Win for Wellness Programs May Be More of a Win for the EEOC

in Health Benefits, Wellness Programs

Although the U.S. District Court for the Eastern District of Wisconsin held that the employer wellness program at issue in EEOC v. Orion Energy Systems did not violate the ADA, the EEOC may find much it likes in this court’s rationale.  The Americans with Disabilities Act (ADA) prohibits employers from requiring employees to undergo medical examinations or answer disability-related questions, but provides certain exceptions that relate to benefit plans or wellness programs.  There have...Continue Reading

Now is a Good Time to Review Your HIPAA Policies

in HIPAA Privacy & Security

The HHS Office for Civil Rights (OCR) has announced it is increasing its investigations of breaches of unsecured protected health information (PHI) affecting fewer than 500 individuals. As a reminder, the HIPAA Breach Notification Rule requires breaches of unsecured PHI to be reported; breaches involving fewer than 500 participants must be reported to the Secretary of HHS annually.  Information regarding the reporting requirement is available here.

In determining which smaller breaches to...Continue Reading

Largest Health and Human Services HIPAA Settlement Wake-Up Call for Covered Entities

in Welfare Benefits

Breaking News: Yesterday, the U.S. Department of Health and Human Services, Office of Civil Rights (OCR) announced the largest settlement in history involving a single entity responsible for several potential HIPAA violations.  If you are interested in learning more about this settlement, please click here and read this legal alert.

IRS Eliminates One of the Section 83(b) Filing Requirements

in Executive Compensation, Tax Issues

If an individual makes a Section 83(b) election to include in income the value of unvested property (such as restricted stock) that is transferred in connection with the performance of services, the individual must file the Section 83(b) election statement with the IRS no later than 30 days after the date the property is transferred.  However, under final regulations recently issued by the IRS, the individual no longer has to file a copy of the Section 83(b) election statement with his or...Continue Reading

ACA Reporting – Multiple Coverage and Requesting SSNs

in Affordable Care Act, Health Benefits

Newly proposed IRS regulations seek to clarify certain aspects of reporting of minimum essential coverage by employers and issuers under Code Section 6055.  Here, we focus on proposals that impact employer reporting (Part III of Form 1095-C).  These rules do not affect Parts I and II of Form 1095-C.

No duplicative reporting required:  Because the prior rules regarding reporting of duplicative minimum essential coverage (MEC) were confusing, these proposed rules clarify that: