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August 15, 2012
IRS Finalizes Regulations on Employer Deduction Limit for Entertainment Use of Aircraft (article)
August 8, 2012
Chief Counsel Nixes Domestic Production Activities Deduction for Online Software (article)
Proposed Regulations Reaffirm Only Bona Fide Shareholder Loans Create S Corporation Basis (article)
IC-DISC Planning Impacted by Expiring Bush Tax Cuts (article)
August 7, 2012
Keep Wellness in Health Plan, says 11th Circuit
Last year, we discussed a class action case relating to an employer offering financial incentives for participating in a group wellness program. The case, Bradley Seff v. Broward County, addressed the applicability of the Americans with Disabilities Act (ADA) to wellness programs. Specifically, a group of employees challenged the employer’s imposition of a wellness program that requires completion of a health risk assessment (HRA). Failure to complete the HRA would result in a financial penalty. The complainant alleged that this was a violation of the ADA because it impermissibly requested medical information. Generally, the ADA permits the collection of medical information as long as it is voluntary. The “voluntary” nature of the medical information collection was in question.
The Privacy and Security Police Mean Business
Once again, the HHS’ Office for Civil Rights has wielded its authority with regard to HIPAA privacy and security compliance. This time, a state government agency (Alaska Department of Health and Social Services) was assessed a $1.7M dollar penalty due to a breach of protected information. In particular, it was found that the Alaska agency had inadequate policies and procedures, inadequate safeguards, and inadequate training in place to ensure the protection of individually identifiable information.
Updated HIPAA Compliance Guide
The DOL’s Employee Benefit Security Administration has recently updated its HIPAA compliance assistance guide. The guide not only provides an overview of the HIPAA portability provisions but also includes compliance tips for related federal laws such as the Newborns' and Mothers' Health Protection Act, the Women's Health and Cancer Rights Act and the Genetic Information Nondiscrimination Act. The guide also includes a chart of required notices pursuant to these laws, as well as model language for the notices. The guide is a good starting place to ensure compliance with the plethora of laws that have been enacted over the years.
August 1, 2012
Uncertainty Grows Over Fate of Bush-Era Tax Cuts
July 27, 2012
Top Signs You are Ready for a New Accounting Solution (article)
July 26, 2012
The Policies of Politics and Lobbying: How to Avoid the Controversies and Penalties (article)