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IRS Issues Draft ACA Reporting Forms

On July 24, 2014, the Internal Revenue Service (IRS) released draft forms that employers will use to report on health coverage that they offer to their employees. In March, the IRS issued final rules implementing the health coverage reporting requirements under the Affordable Care Act (ACA).  The information reporting requirements become effective for the 2015 tax year. Section 6056 of the Internal Revenue Code, as added by the ACA, requires “applicable large employers” to provide information to the IRS about the type of health coverage offered to their full-time...

Circuits Split Regarding Validity of Federal Subsidies of Health Insurance Purchased on Federally-Established Exchanges

Two federal appeals courts have issued opposing decisions regarding whether the IRS has the authority under the Affordable Care Act (“ACA”) to extend federal tax subsidies to individuals who obtain health insurance coverage through a federal Marketplace (also known as an Exchange).Pursuant to the requirements of the statute, there is a Marketplace in each state where individuals can purchase healthcare coverage.  Under the ACA, the Marketplace can either be established by a state or the federal government. The federal government now runs the insurance Marketplaces in the 36...

Health Plans That Intend to Drop Contraceptive Coverage Must Notify Plan Participants

In response to the recent U.S. Supreme Court holding in Burwell v. Hobby Lobby that closely held, for-profit entities with religious objections to certain aspects of the Affordable Care Act's (ACA) birth control requirements could avoid the mandate by invoking the Religious Freedom Restoration Act, the Department of Labor has released guidance to address this eventuality. In the latest set of Frequently Asked Questions (FAQs) on the ACA's implementation, the DOL explains that group health plans offered by closely held, for-profit businesses that intend to cease providing all or some...

Federal Agencies Issue Final Rules Relating to Permissible Orientation Periods Under the ACA

The U.S. departments of the Treasury, Labor and Health and Human Services (the “Departments”) recently released final regulations clarifying the maximum allowed employment-based orientation period consistent with the 90-day waiting period limitation set forth in the Affordable Care Act (ACA).  For plan years beginning on or after January 1, 2014, the ACA prohibits group health plans from applying a waiting period of more than 90 days.  In February, 2014, the Departments issued final regulations on the 90-day waiting period limitation, along with proposed regulations...

U.S. House of Representatives Approves Exemption to Affordable Care Act for Expatriate Insurance Plans

For multinational corporations, the passage of the Affordable Care Act (ACA) has raised some uncertainty as to ACA's impact on expatriate workforces.  Indeed, domestic insurance providers have complained that they suffer a disadvantage in the expatriate market on account of having to comply with ACA requirements, such as by providing free preventive care and a ban on lifetime coverage limits. This is because there has been no exemption from the ACA for U.S. expatriate coverage. Continue reading this entry at Littler's Global Employment Law blog.

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Format: 2014-07-26
Format: 2014-07-26