Whether it be the ACA, COBRA, ERISA, HIPAA, Section 125, or another regulation, employers can find themselves out of compliance somehow, and they may not even be aware. Here is a list of some common areas of
\nnon-compliance, not ranked in any particular order.<\/p>\n
1. Determining applicable large employer 2. Determining full-time (FT) employee status under the Employer Mandate<\/strong>: This requires employers to have a deep understanding of their 3. ACA Reporting:<\/strong> This requires an employer of any size with a self-insured medical plan to submit reporting to help the IRS enforce the Inpidual 4. PCORI Fees<\/strong>: Employers who have a fully insured medical plan which is integrated with an HRA must pay PCORI fees on the HRA, and several 5. Plan Documents:<\/strong> Many employers are unaware that plan documents that are issued by an insurance company or third-party administrator fail to 6. Non-Discrimination Testing:<\/strong> 7. Form 5500 Reporting:<\/strong> In general, employers with ERISA plans that have 100 or more participants must file details about the plans using 8. Medicare Part D Notice and Reporting<\/strong>: Employers must provide a notice to Medicare-eligible employees with information about the drug coverage available on the group plan, and whether it\u2019s at least as good as the standard Part D plan. Employers must also report information about the drug coverage to CMS. Many employers fail to meet one or both requirements.<\/p>\n 9. COBRA Administration: <\/strong>Several employers have failed to update their COBRA notices with information about the Health Insurance Marketplace. In 10. HIPAA:<\/strong> Employers who offer a self-insured plan, including a Health FSA or HRA, have access to Protected Health Information (PHI). As a result, they are supposed to have written policies and procedures on how\/when they will use or disclose PHI, they should be appointing a privacy and security officer and meet other requirements. Several employers are lacking some or all of the requirements under HIPAA.<\/p>\n The materials contained within this communication are provided for informational purposes only and do not constitute legal or tax advice.<\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" Whether it be the ACA, COBRA, ERISA, HIPAA, Section 125, or another regulation, employers can find themselves out of compliance somehow, and they may not even be aware. Here is a list of some common areas of non-compliance, not ranked in any particular order.<\/p>\n","protected":false},"author":1,"featured_media":329,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-393","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized"],"acf":[],"yoast_head":"\n
\n(ALE) status under the Employer Mandate<\/strong>: This requires employers to determine the average number of employees on business days in the prior year, and employers must count full-time equivalent employees.<\/p>\n
\nemployee classifications, and they generally must track hours of service to know who is a full-time employee.<\/p>\n
\nMandate. It also requires ALEs to submit reporting to help the IRS determine if penalties under the Employer Mandate will apply.<\/p>\n
\nemployers are unaware of this requirement.<\/p>\n
\ndisclose several pieces of information required under ERISA, and employers should be supplementing their plan documents with an additional document commonly referred to as a Wrap Document.<\/p>\n
\nCafeteria Plans, Health FSAs, Dependent Care FSAs, HRAs, and self-insured medical plans all require non-discrimination testing to be performed to ensure the plan does not discriminate in favor of highly compensated and\/or key employees. Several employers are not performing the required testing.<\/p>\n
\nForm 5500. The DOL has indicated several employers are meeting the requirements for the retirement plans but are failing to submit reporting on the health plans.<\/p>\n
\naddition, several employers are not providing the COBRA General (Initial) notice on time or at all.<\/p>\n