June 2021 Compliance Recap June 2021 was not a busy month in the benefits industry, largely due to the summer vacation season and the Independence Day holiday. Importantly, however, the U.S. Supreme Court upheld the constitutionality of the Patient Protection and Affordable Care Act (ACA). Additionally, the IRS unveiled a tool to assist families in taking advantage of the monthly Advance Child Tax Credit payments and issued a revised 2021 version of Form 941, Employer’s Quarterly Federal Tax Return, to in part reflect the tax credit in connection with 100% COBRA subsidy under the American Rescue Plan Act (ARP). The Department of Labor (DOL) also issued guidance on the information to be disclosed pursuant to a participant’s request during a claims dispute. We continue to monitor and advise on the Blue Cross Blue Shield Association (BCBSA) Antitrust Settlement as the claim deadline nears. The ACA Upheld On June 17, 2021,…

IRS Issues Draft Form 1095-C The Internal Revenue Service (IRS) recently issued the 2021 Draft Form 1095-C, which is required to be filed with the IRS by applicable large employers (ALEs), to report the offer of health coverage to employees. New Codes An ALE that offers an individual coverage health reimbursement arrangement (ICHRA) can now use two previously-reserved codes in order to report offers of coverage: 1T. Individual coverage HRA offered to employee and spouse (no dependents) with affordability determined using employee's primary residence location ZIP code. 1U. Individual coverage HRA offered to employee and spouse (no dependents) using employee's primary employment site ZIP code affordability safe harbor. Additional Copies of Page 3 Permissible The 2021 instructions also clarify that self-funded plans that are required to complete Part III of Form 1095-C, and that have more than 13 covered individuals on a single Form 1095-C, may use additional copies of…

The IRS Issues the Most Recent Update to Form 941 On June 24, 2021, the Internal Revenue Service issued the most recent update to Form 941, the Employer’s Quarterly Federal Tax Return. The form has several new lines added to obtain credits for the COBRA subsidies offered under the American Rescue Plan Act (ARPA). Employers should be using this new revision for filings in the second quarter, due by August 2, 2021. Additionally, some revisions have been made to align Form 941 with the extension and amendments made to the Emergency Paid Family Sick Leave and Extended FMLA provisions included in ARPA. Employers should discard any unused Form 941 with revision dates earlier than June 2021. The new Form 941 may be downloaded here. If you have any questions, please contact us at icomply@ibpllc.com.   This Compliance communication is not intended to be exhaustive nor should any discussion or opinions…

EEOC Extends EEO-1 Deadline for 2019 and 2020 Data Submissions The New Deadline Gives Employers Another Month–Until August 23– To Complete Their Reports   Employers now have some extra time to submit equal employment opportunity (EEO-1) workforce data from 2019 and 2020, the U.S. Equal Employment Opportunity Commission (EEOC) announced on June 28, 2021. These reports were previously due by July 19, 2021. Employers now have until Aug. 23, 2021, to complete their submissions. The EEOC’s collection of this data, the portal for which opened on April 26, 2021, had been delayed numerous other times due to the coronavirus pandemic. Under Title VII of the Civil Rights Act, the EEO-1 Report is usually due by March 31 every year. If you have any questions, please contact us at icomply@ibpllc.com.   This Compliance communication is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should…

May 2021 Compliance Recap May 2021 was a somewhat busy month in the benefits industry. The absence of a significant of amount of agency guidance during the summer months is to be expected. However, the IRS finally issued guidance on the temporary 100% COBRA subsidy mandated by the American Plan Rescue Act of 2021 (the ARP), following guidance issued by the U.S. Department of Labor (DOL). The IRS also issued guidance on the Dependent Care Assistance Program (DCAP) carryover of unused benefits and on the child tax credit under the ARP. In addition, the IRS issued the 2022 limits for health reimbursement arrangements (HRAs) and health savings accounts (HSAs). The Biden Administration lowered the cost of marketplace plans and the DOL issued guidance on fiduciary cybersecurity obligations under ERISA covered plans. IRS COBRA Subsidy Guidance On May 18, 2021, the IRS issued IRS Notice 2021-31 in the form of FAQs,…

Frequently Asked Questions About the Patient-Centered Outcomes/Comparative Effectiveness (PCORI Fee) Q1: What plans does the PCORI fee apply to? A1: All plans that provide medical coverage to employees owe this fee. Medical coverage includes preferred provider (PPO) plans, health maintenance organization (HMO) plans, point-of-service (POS) plans, high deductible health plans (HDHPs), and health reimbursement arrangements (HRAs). The fee does not apply to: Stand-alone dental and vision plans (stand-alone means these benefits are elected separately from medical, or the benefits are provided under separate insurance policies from the medical coverage) Life insurance Short- and long-term disability and accident insurance Long-term care Health flexible spending accounts (FSAs), as long as the employee also is offered medical coverage and any employer contribution is (in most cases) $500 or less Health savings accounts (HSAs) Hospital indemnity or specified illness coverage Employee assistance programs (EAPs) and wellness programs that do not provide significant medical care…

March 2021 Compliance Recap The employee benefits guidance issued in March 2021 was largely focused on providing relief to individuals and businesses impacted by the continuing COVID-19 pandemic. Significantly, on March 11, 2021, the American Rescue Plan Act of 2021 (the Act) was enacted into law which, in part, mandates that eligible individuals receive a six-month 100% COBRA. The following summarizes other important regulatory developments during March 2021. ACIP Recommends the Janssen (Johnson & Johnson) Vaccine On February 28, 2021, the Advisory Committee on Immunization Practices (ACIP) issued an interim recommendation for use of the Johnson & Johnson vaccine in persons aged 18 or older for the prevention of COVID-19, which must be covered as preventive care no later than March 19, 2021. Under the CARES Act, non-grandfathered individual and employer-sponsored group health plans are required to cover the entire cost of preventative services by not imposing cost-sharing in the…

PPE as Section 213(d) Qualified Medical Expenses The Internal Revenue Service (IRS) released Announcement 2021-7 providing that amounts paid for personal protective equipment (PPE) such as masks, hand sanitizer and sanitizing wipes, for the primary purpose of preventing the spread of COVID-19, are qualified medical expenses under Internal Revenue Code Section 213(d). Therefore, these expenses are eligible for reimbursement from account-based plans, including health flexible spending arrangements (health FSAs), Archer medical savings accounts (Archer MSAs), health reimbursement arrangements (HRAs), and health savings accounts (HSAs). Note that if the expense is reimbursed under an account-based plan, it is not deductible for the taxpayer under Section 213 (no double benefit). The IRS provides that group health plans, including health FSAs and HRAs, will need to be amended if the plans prohibit reimbursement of PPE. Group health plans may be amended to provide for such reimbursement of PPE expenses incurred for any period…

On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (Act). The Act is a $1.9 trillion legislative package that includes pandemic relief for individuals and families. The Act contains several provisions including funding to the Centers for Disease Control and Prevention, stimulus checks, unemployment benefits, the child tax credit, tax credits for paid sick leave and family and medical leave, the Paycheck Protection Program, grants to state educational agencies, and low-income family assistance. The Act also contains several provisions affecting group health plans. Below is a high-level overview based on Innovative Benefit Planning’s review of the Act but more detailed information on the COBRA relief can be found in a link following the COBRA explanation. COBRA Continuation Coverage Subsidies The Act provides COBRA relief for assistance-eligible individuals. An assistance-eligible individual is an individual who is eligible for COBRA due to a COBRA qualifying event of…

February 2021 Compliance Recap February was a relatively busy month in the employee benefits world. The Department of Labor (DOL) issued EBSA Disaster Relief Notice 2021-01 regarding the end of the COVID-19 outbreak period. The Internal Revenue Service (IRS) issued Notice 2021-15 providing guidance on health flexible spending arrangements (FSAs), dependent care flexible spending arrangements (DCAPs), and cafeteria plan relief. The DOL, the Department of Health and Human Services (HHS), and the Department of the Treasury (Treasury) (collectively, the Departments) issued additional FAQs regarding coverage of COVID-19 testing and vaccines. The Department of Justice (DOJ) sent a letter to the U.S. Supreme Court (Supreme Court) regarding its position in the court case challenging the constitutionality of the Patient Protection and Affordable Care Act (ACA). The Equal Employment Opportunity Commission (EEOC) withdrew its previously released proposed wellness program rules. The District of Columbia Circuit Court of Appeals agreed to a delay…