Insights

On April 29, 2024, the Fourth Circuit, sitting en banc, affirmed district court findings that coverage exclusions of gender-affirming care for the treatment of gender dysphoria violated both the 14th Amendment’s Equal Protection Clause and Section 1557 of the ACA, which in part prohibits discrimination in coverage based on sex. The Fourth Circuit’s decision regarded two cases. In the first, the trial court found in favor of transgender North Carolina and West Virginia state employees who sued t

On May 6, 2024, the Congressional Research Service published a report concerning the scope of ACA Section 1557 (the Section). Section 1557 prohibits discrimination on the basis of race, color, national origin, disability, age, and sex in federally funded healthcare programs or activities. It is the source of intense regulatory and legal scrutiny. The report focuses on the federal government’s and the courts’ attempts to define the entities to which the Section applies and provides recommendatio

On May 19, 2024, the IRS issued FAQs regarding special rules for distributions from retirement plans, IRAs, and retirement plan loans for certain individuals impacted by federally declared major disasters. The SECURE 2.0 Act provided the framework for ongoing disaster relief for these distributions for affected individuals, and the FAQs are intended to provide information on disaster relief options that may be available. It is important to note that the FAQs are only intended to provide general

On May 2, 2024, the IRS published the revised 2024 IRS Publication 15-B, the Employer's Tax Guide to Fringe Benefits, to correct the figures for HSA eligibility and employer contribution limits. The 2024 IRS Publication 15-B was originally published in January 2024 and was covered in the January 17, 2024, edition of Compliance Corner. This publication provides an overview of the taxation of fringe benefits and applicable exclusion, valuation, withholding, and reporting rules. Accordingly, the u

On May 17, 2024, the DOL published an interim final rule amending their Abandoned Plan Program regulations, which provide procedures for the termination of individual account retirement plans (such as 401(k) plans) that have been abandoned by their sponsoring employers. Among other items, the 2024 interim final rule makes the Abandoned Plan Program available to Chapter 7 bankruptcy trustees who administer a bankrupt company’s retirement plan. Significant business events, including bankruptcies,

On May 2, 2024, UnitedHealthcare Insurance Company settled with the Minnesota Department of Commerce over allegations that the carrier violated the state’s mental health parity law. Although the carrier neither admitted nor denied the allegations, the department alleged that it: Did not demonstrate comparability in reimbursement rates between medical/surgical and mental health and substance abuse disorder providers for certain billing codes. Did not maintain accurate and complete provider dire

Assuming that the coverage is being paid for by the employee on a pre-tax basis, then no, unfortunately, the financial status of the employee would not be a qualifying event. Section 125 restricts the ability of an employee who has made a pre-tax election to make changes to that election in the middle of a plan year. Basically, an individual's election is irrevocable (unchangeable) during the plan year unless the individual experiences a recognized Section 125 midyear status change event (and e

Offering benefits to employees on a pre-tax basis is only allowed under a Section 125 plan, and those rules limit when employees may change their annual elections. In this webinar, NFP’s Benefits Compliance team provided a brief refresher on the midyear election change event rules — both mandatory and permissible. They also discussed common employer pitfalls and practical implications of administering qualifying events. Agenda Midyear Election Changes Cafeteria Plans Generally Overview of Permi

The age of data, technology and AI is bringing forward a massive evolution in the realm of “go or no-go” decision making for the construction contractor community.