Compliance Corner: Podcasts

In this episode, Podcast originals Suzanne Spradley and Chase Cannon discuss wellness and other employer programs that advertise big employment and income tax savings to employers and employees. Suzanne and Chase discuss the various names and iterations of these types of programs – including the Classic 105, Freedom Plan, Section 105 Reimbursement Plans and Premier 105 – and how they vary in plan design. Chase outlines the basic iteration: an employer takes some amount as pre-tax deduction from the employee for a type of basic wellness program, the employee participates in the wellness program (completes a health screening, sits in on educational webinars and so on), and the employer provides a tax-free wellness program “reward” that happens to be very close to the pre-tax deduction amount. Chase and Suzanne discuss the federal income and employment tax ramifications and why these types of programs don’t meet the standard tax exclusion requirements of IRC 105. The two then close with a discussion of IRS guidance that prohibits these types of tax-free wellness program rewards and a shocking federal indictment of the promoters of the Classic 105 program.

In this episode, Mark Rieder, NFP’s SVP of HR Technologies and Benefit Administration Services, makes his Benefits Compliance podcast debut. He joins Suzanne Spradley to discuss various hot tech ideas and applications in the HR and benefits administration space. Mark describes NFP’s Innovation Lab and then discusses recent technology applications, including mobile apps, that are available to employers for benefits and benefits administration. Applications and other tech tools relating to group health plan data, senior care treatment, overall care and quality of care management, student loan and other financial wellness, mental wellness and more have become big for employee well-being. Mark and Suzanne also discuss employee engagement, data collection and employer strategy in the tech space for benefits administration, as well as innovation and its impact on small and large employers. They close with a discussion of tech tools for benefits compliance issues.

Join Jill Brooking and Suzanne Spradley as they discuss the new joint venture among Amazon.com Inc., Berkshire Hathaway Inc. and JP Morgan Chase & Co. — a company that was formed to develop ways to improve health care for their employees and to make those innovations available to other employers.

In this episode, Beth Allen and K.C. Barner discuss the different changes to the ACA imposed by the Trump administration, Congress and the courts. They’ll highlight the major policy shifts, like the upcoming repeal of the individual mandate and the issuance of new regulations on association health plans (AHPs). They’ll also talk about possible changes to come. By the end of the podcast, listeners should have a good understanding of where the various provisions of the ACA stand

In this episode, Suzanne Spradley and Chase Cannon work through benefits compliance issues that arise as a result of common ownership and controlled groups. Suzanne grills Chase on the different types of controlled groups under Internal Revenue Code Section 414 — and how those rules impact employers’ obligations under the ACA's employer mandate, nondiscrimination testing, Form 5500, FMLA and other federal requirements. The two also discuss mergers and acquisitions, and how the change in ownership might impact COBRA and nondiscrimination obligations. The discussion closes on common ownership and MEWAs – some employers may inadvertently create a MEWA – and how employer compliance obligations might be affected by federal and state law.

In this episode, Suzanne Spradley and K.C. Barner discuss the newly released final rule related to the creation and maintenance of association health plans (AHPs) under ERISA. The DOL’s final rule is a long-awaited response to the Oct. 12, 2017, executive order from Pres. Trump directing the DOL and other agencies to (among other things) expand the availability of AHPs. Suzanne breaks down the DOL’s final rule, which loosens restrictions on AHPs to allow more groups of employers to qualify as associations for the purpose of sponsoring group health plan benefits. The two discuss the impact on sole proprietors and other self-employed individuals, and how state and federal (including ACA) regulation of an AHP would work.

In this episode, with mental health trending as a national discussion, Chase Cannon and Suzanne Spradley discuss mental health parity in health insurance coverage. As background, the federal Mental Health Parity and Addiction Equity Act (MHPAEA) requires that the financial requirements and treatment limitations imposed on mental health and substance abuse disorder benefits be no more restrictive than the predominant financial requirements and treatment limitations that apply to substantially all medical and surgical benefits. Chase quizzes Suzanne on some details relating to quantitative treatment limits (dollar and limit visits) and non-quantitative treatment limits (pre-authorization, reimbursement rates, cost sharing, etc.), including some examples outlined in recent federal guidance on MHPAEA. Suzanne outlines several examples of NQTL treatment limits. The two then discuss two recent cases involving mental health coverage issues, one of which ends in favor of the plan and one of which ends in favor of a participant.

In this episode, K.C. Barner and Beth Allen discuss the status of the DOL’s Fiduciary Rule. Since the U.S. Court of Appeals for the Fifth Circuit vacated the Rule, there’s been some action on the part of the DOL, the states and the SEC. Specifically, the DOL has indicated that it won’t enforce the Rule, while the SEC has proposed its own rule. The states are even joining the party, through litigation and regulation. The two discuss what all this action ultimately means for employer retirement plan sponsors.

In this episode, Chase Cannon and K.C. Barner – in his podcast debut – discuss some recent announcements and adjustments from the #IRS on #HSA contribution limits. The two discuss the mid-year changes to the 2018 maximum family HSA contribution limits — and what employers and HSA account holders should do in response to those changes. Then Chase and K.C. dive into some legislation that’s been introduced in Congress regarding changes to the HSA rules, including: 1. Clarifications on what constitutes “impermissible coverage” (including telehealth and onsite medical clinics) 2. A clarification that expenses for dependents up to age 26 can be reimbursed from an HSA 3. Some expansion on the types of expenses that can be paid out of an HSA (including gym memberships and home gym equipment) Chase closes with a discussion of issues that aren’t currently included, but which would be nice to include in the final version, including how HSA eligibility interacts with #Medicare entitlement and direct primary care #DCP arrangements.