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Tax Treatment of Benefits Provided to Same-Sex Married Couples

The IRS has issued guidance clarifying the tax treatment of employee benefits provided to same-sex married couples. Prior to the Supreme Court’s DOMA ruling, employers who chose to offer benefits to same-sex spouses were generally required to treat the benefits provided to those spouses as taxable income to the employee.

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Sending the Notice of Exchange to Employees

Background
The ACA requires that employers provide employees with a written notice containing the information regarding exchanges and possible subsidies when purchasing individual coverage through a public exchange. Originally the ACA required the notice be provided to employees by March 1, 2013; however, the DOL issued guidance delaying the notice requirement.

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Employer Shared Responsibility Rules Delayed Until 2015

In the most significant health reform development for employers since the passage of the Affordable Care Act (ACA), the employer shared responsibility rules (often called the “employer mandate” or “pay or play rules”) have been delayed until 2015. 

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Final Rules For Wellness Plans Released

The Departments of Health and Human Services, Labor, and Treasury (The Departments) have issued final wellness program rules. The new final rules are based on the existing HIPAA wellness rules and the requirements contained in proposed rules issued in November 2012.

 

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Department of Labor Releases Model Notice of Exchange

The Department of Labor (DOL) has released guidance and model notice language for employers to use to meet the Affordable Care Act (ACA)employee exchange notice requirement. The guidance can be found at http://www.dol.gov/ebsa/newsroom/tr13-02.html.

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Modifications to the HIPAA Privacy and Security Rules Released

The Department of Health and Human Services (HHS) has issued regulations modifying the Health Insurance Portability and Accountability Act (HIPAA) privacy, security, and enforcement rules. The changes strengthen the privacy and security protection for individuals’ health information, modify the rule for breach notifications, and extend HIPAA compliance obligations to additional entities.

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Small Employer “Choice Option” Delayed on Federal SHOP Exchange

In more Employee Benefits Day news, the Department of Health and Human Services (HHS) has announced that one of the options planned for small group insurance purchased through federally operated exchanges will be delayed until 2015. Under what is referred to as the “choice option,” small employers will be able to select a level of coverage (i.e. bronze, silver, gold, or platinum coverage tier), and participating employees would be allowed to choose from any carrier offering coverage within that tier.

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