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Final Rules – 90 Day Waiting Period & Orientation Period

Final regulations were released by the Departments of Labor (DOL), Health and Human Services (HHS), and the Treasury (IRS) (The Departments) regarding the Affordable Care Act (ACA) 90-day waiting period rules, including the new, one month “orientation period”, which may be imposed prior to the start of the waiting period.  
Background

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What the Supreme Court Hobby Lobby Case Means to Employers

In a 5 to 4 decision, the Supreme Court has ruled that certain privately held corporations do not have to comply with some of the Affordable Care Act’s (ACA) contraception coverage requirements if they violate the owner’s religious views. The decision opens the door for companies that meet the IRS definition of a “closely held corporation” to opt-out of providing certain contraception coverage in their employer sponsored group health plan.

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Self-funded Employers and the HIPAA Health Plan Identifier Number (HPID)

The Department of Health and Human Services (HHS) has issued guidance regarding HIPAA electronic transactions related to the HIPAA privacy and security rules. According to the guidance, employers who sponsor self-funded health plans will be required to take certain administrative steps, including applying for a health plan identifier number (HPID) and getting certification from certain vendors that they are in compliance with HIPAA transaction rules.

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Special Open Enrollment Offered to COBRA QBS and New ACA FAQs and COBRA Model Notices Released

New FAQs, released by the Department of Labor (DOL), Health and Human Services (HHS), and the Treasury (IRS), clarify certain requirements in regard to the annual out-of-pocket maximum, coverage for preventive services, health FSA carryover, and summary of benefits and coverage (SBC). Also, in states with the Federally-facilitated Marketplace, individuals currently on COBRA have been offered a special one-time open enrollment period.

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Elimination of Small Group Deductible Limit

On April 1, 2014, the President signed into law the Protecting Access to Medicare Act of 2014. The bulk of the provisions relate to Medicare; however, the law also contained a provision repealing the limitation on deductibles that applied to fully-insured small group plans under the Affordable Care Act (ACA).

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IRS Issues Final ACA Employer Reporting Rules

The IRS has released final regulations regarding important new employer reporting requirements contained in the Affordable Care Act (ACA). The ACA requires applicable large employers (as defined by the ACA) to provide new health plan reporting to the IRS beginning in 2016. The IRS previously released proposed reporting rules in September 2013 and requested comments on a number of issues. These final regulations provide some simplification of the requirements and address a number of questions left unanswered in the proposed regulations.

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Business Auto Policy Considerations

The following are general guidelines to be considered when establishing a corporate auto policy. These comments are meant for use as a reference only. All policies should be reviewed by corporate counsel prior to implementation. Please discuss any questions or concerns regarding your particular policy with your, Parker, Smith & Feek Account Advisor.

Establish a Fleet Safety Policy

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Employer Shared Responsibility Final Regulations – Transitions Rules and Other Important New Guidance

The recently released IRS final regulations on the Affordable Care Act (ACA) 4980H employer shared responsibility rules (often called the pay or play rules) largely formalized the rules previously described in proposed regulations originally released in January 2013.

However, the new rules contain some clarification and significant new guidance in two principal areas: transition rules, including a delay in enforcement for smaller employers, and details related to defining full-time employees.

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Final Rules on Waiting Periods & HIPAA Certificates of Creditable Coverage

This week, final rules were released regarding the ACA prohibition on waiting periods exceeding 90 calendar days and the retirement of the HIPAA Certificate of Creditable Coverage. The final rules formally adopt the proposed regulations in regard to waiting periods provided in March 2013, and, in a new development, recognize a one-month orientation period to be allowed before the start of the waiting period.

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