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February 8, 2012
2011 Form M-1 Filing
Multiple employer welfare arrangements (MEWAs) are subject to an annual reporting requirement. This annual reporting requirement is to be accomplished on the Form M-1. The Department of Labor (DOL) has recently released the 2011 edition of the Form M-1 Filing Packet. The primary change to the 2011 form is the attestation of compliance with the group market provisions of the Patient Protection and Affordable Care Act.
Medicare Part D Reminder: Annual Disclosure Notice to CMS
Group health plans are required to submit an annual report to CMS describing whether the prescription drug coverage is creditable or not creditable. This filing must be accomplished electronically, and is due within 60 days of the beginning of the plan year. For calendar year plans, this means March 1, 2012. CMS provides guidance and instructions to assist in completion with this annual reporting requirement.
As the demographics of the workforce evolve, many more issues are arising with regard to coordination of employer-provided health coverage and Medicare. The Medicare Rights Center (a national nonprofit consumer service organization) has come up with a Toolkit (link below) that provides some useful information:
HSA-Eligibility for Individuals Receiving Indian Health Services
There has been an outstanding question about whether individuals receiving medical services by an Indian Health Services facility would be eligible to establish and contribute to a health savings account (HSA). The IRS has recently issued a proposed change (IRS Notice 2012-14) that provides that as long as the individual has not received services from an Indian Health Services facility in the prior 3 months, then the individual would be eligible to establish and contribute to his/her HSA. This is comparable to how the IRS views the manner in which VA services are rendered as it relates to HSA-eligibility. The IRS and Treasury Department are accepting comments on this proposal until April 30, 2012.
Reminder: Triennial HIPAA Privacy Notice Obligation
Large group health plans that became subject to the HIPAA Privacy Rules by April 14, 2003 are fast approaching the 9th anniversary of HIPAA privacy applicability. This means that it is time to distribute the triennial reminder notice to covered individuals regarding the availability of their Notice of Privacy Practices and how to obtain one.
January 26, 2012
Newly Released Final 2011 Form 990 Includes Significant Changes (article)
January 25, 2012
Cleaning up Your C Corporation – Getting Real Estate Out (article)
Take Advantage of Net Unrealized Appreciation Rules on Distributions of Employer Stock (article)
January 19, 2012
DOL releases 2011 Form 5500
The DOL has released advanced copies of the 2011 Form 5500 series. Plan administrators of employee welfare benefit and pension plans subject to ERISA must file an annual return/report to the DOL on the Form 5500. The Form 5500s and appropriate schedule information are to be completed and filed electronically via DOL's EFAST2 website (http://www.efast.dol.gov). The 2011 information-only 5500 forms, schedules and instructions are available from the DOL’s website.
Updates for California Employers
San Francisco Health Care Security Ordinance