ACA, DOL Legal and Compliance Updates
Special Tidbits for NFP’s in New York
MSC employee’s moving to a newly form Coordinated Care Organization (CCO)or another similar type newly formed organization.
Once an employee resigned from a NFP and are hired at a newly formed Coordinated Care Organization (CCO) or similar type organization, they will lose their existing PFL rights under their current employer even if they are currently in an approved PFL claim. Employees will have to meet the 26 consecutive weeks/175 days eligibility period before they are eligible for PFL under the new CCO.
Today IRS released Revenue Procedure 2018-30 which provides the 2019 amounts for high deductible health plans Health Savings Accounts.
New York State Average Weekly Wage (NYSAWW)
Workers’ Compensation Law § 2(16)
Pursuant to Workers’ Compensation Law § 2(16), the maximum weekly benefit that may be paid on or after July 1, 2010 and each July 1st thereafter is two-thirds of the New York State Average Weekly Wage (NYSAWW*).
If your plan is not administered correctly and in compliance with the regulations, you risk losing the plan all together. Is it time to review your TPA’s substantiation process?
While the IRS has issued guidance, FAQ’s, information letters and the like on substantiation requirements, some TPA’s simply ignore or deem them insignificant.
IRS Notice 2015-60 Patient-Centered Outcomes Research Fee (PCORI)
Code Sections 4375 & 4376 – Insured and Self-Insured Health Plans through October 1, 2019
The PCORI fees are due by July 31st. The chart below shows the fees to be paid in 2018, which rose slightly from the fees owed in 2017.
PFL Tidbits #2
Employers are questioning what wages they are to take Paid Family Leave contributions from. I have reached out to the attorneys at the Worker’s Compensation Board and their response was “employers are to take PFL contributions from any “Wages” as defined under 12 CRR-NY. We have provided the definition of wages under Title 12 below.
OFFICIAL COMPILATION OF CODES, RULES, AND REGULATIONS OF THE STATE OF NEW YORK, TITLE 12. DEPARTMENT OF LABOR; CHAPTER V. WORKERS’ COMPENSATION; SUBCHAPTER H. DISABILITY BENEFITS; ARTICLE 1. REGULATIONS UNDER DISABILITY BENEFITS LAW; PART 357. WAGES
2018 HSA Contribution Lowered
Today the IRS released Revenue Procedure 2018-18 within the Internal Revenue Bulletin 2018-10 which impacts contributions to HSAs in 2018
Under the Tax Cuts and Jobs Bill, cost of living increase calculations have changed. Due to this new calculation, a reduction in the maximum family HSA contribution for those with family coverage under an HDHP went from $6,900 to a new limit of $6,850.
What does this mean and why you may need to act now? This could mean, that election changes may be required, and excess contributions may need to be returned (e.g., for individuals who have already contributed the full family amount).
StormChaser: Non-Profit PFL Exempt Employees
Non-profits may have some additional paperwork to complete if they want to cover teachers, executives, and professionals under NYS DBL and Paid Family Leave. Non-profits should first make the determination if they are or are not a religious, charitable, or educational organization. The definition of a religious, charitable or educational organization can be found below. If the determination is yes, action steps may be needed.