Notice of Enforcement Discretion Re: HIPAA Penalties

Document Excerpt SUMMARY: This notificationis to inform the public that the Department of Health and Human Services (HHS) is exercising its discretion in how it applies HHS regulations concerning the assessment of Civil Money Penalties (CMPs) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as such provision was amended by the Health […]

Updated EPCRS Guidance

Document Excerpt Link https://www.irs.gov/pub/irs-drop/rp-19-19.pdf

Guidance on Deducting Family Health Insurance Cost by a 2% Subchapter S Shareholder

Document Excerpt An individual who is a 2-percent shareholder of an S corporation pursuant to the attribution of ownership rules under § 318 is entitled to the deduction under § 162(l) for amounts that are paid by the S corporation under a group health plan for all employees and included in the individual’s gross income, […]

Second Quarter Update to Priority Guidance

Document Excerpt We are pleased to announce the release of the second quarter update to the 2018–2019 Priority Guidance Plan. Link https://www.irs.gov/pub/irs-utl/2018-2019_pgp_2nd_quarter_update.pdf

CMS Announces HIPAA Compliance Review

Document Excerpt The CMS Division of National Standards, on behalf of HHS, is launching the Compliance Review Program to ensure compliance among covered entities with HIPAA Administrative Simplification rules for electronic health care transactions. In April 2019, HHS will randomly select 9 HIPAA-covered entities—a mix of health plans and clearinghouses—for Compliance Reviews. Any health plan […]

Issue Snapshot–Preventing an S ESOP Nonallocation Year

Document Excerpt ongress enacted IRC Section 409(p) in 2001 (P.L. 107-16 Sec. 656) to prevent S corporation employee stock ownership plans (ESOPs) from continuing to be used as abusive tax shelters. The rules under IRC Section 409(p) are designed to prevent a group of “disqualified persons” (DPs) from collectively owning 50% or more of an […]

House Ways and Means Advances Retirement Bill

Document Excerpt WASHINGTON, DC – This morning, under the leadership of Chairman Richard Neal (D-MA), the Ways & Means Committee passed H.R. 1994, the Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019, legislation that expands opportunities for Americans to increase their retirement savings and improves the portability of lifetime income options from […]

Qs and As on Association Health Plan After Court Ruling

Document Excerpt Association Health Plans (AHPs), under the Department of Labor’s (Department) final rule, are group health plans that employer groups and associations offer to provide health coverage to employees. The Department’s final rule on AHPs was published on June 21, 2018, and established a more flexible test to facilitate the adoption and administration of […]

District Court Strikes Down Administration’s Association Health Plan Regulations

Document Excerpt Eleven states and the District of Columbia have sued the Department of Labor (“DOL”), 1 alleging that its final rule interpreting the definition of “employer” in the Employee Retirement Income Security Act of 1974 (“ERISA”), 88 Stat. 829, 29 U.S.C. § 1001 et seq., is unlawful under the Administrative Procedure Act (“APA”), 5 […]

PBGC Offers Pre-Filing Consultation for ERISA Section 4010 Filers

Document Excerpt PBGC staff is available to help filers, especially first-time filers, understand the filing requirements. During a pre-filing consultation, we will provide an overview of the process, share helpful tips on how to use the e-filing software and how to avoid common errors. To schedule a pre-filing consultation, email ERISA.4010@pbgc.gov or call (202) 326-4000 […]

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