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DOL and HHS Release Key FAQs on Implementation of The Affordable Care Act

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Category: DOL, Health Care Reform, HHS,

Set out below are additional Frequently Asked Questions (FAQs) regarding implementation of the Affordable Care Act. These FAQs have been prepared jointly by the Departments of Labor (DOL), Health and Human Services (HHS), and the Treasury (collectively, the Departments). Like previously issued FAQs (available at http://www.dol.gov/ebsa/healthreform/ and http://www.cms.gov/cciio/resources/fact-sheets-and-faqs/index.html), these FAQs answer questions from stakeholders to help people understand the new law and benefit from it, as intended.

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DOL Releases Proposed Guidance Affecting COBRA Model Notices

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Category: COBRA, DOL, PPACA,

On May 2, 2014, EBSA released an advanced copy of proposed rulemaking, which will be published in the May 7, 2014, Federal Register. The guidance amends notice requirements for COBRA so as to better align PPACA and COBRA notice requirements and to add information relating to special enrollment rights in the state health insurance exchanges.

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Important Affordable Care Act Deadline: Employee Notices of the Health Insurance Marketplace (Exchange) Due by October 1, 2013 (copy)

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Category: CDHC, COBRA, Compliance and Regulatory, DOL, Health Care Reform, IRS, PPACA, Taxes,

On May 8, 2013, the Employee Benefits Security Administration of the U.S. Department of Labor (“DOL”) issued Technical Release No. 2013-02 (“Release”) providing important guidance under the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010 (“Affordable Care Act”), with regard to the requirement that employers provide notices to their employees of the existence of the Health Insurance Marketplace (“Marketplace”), previously referred to as the “Exchange.”

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What To Do Now? Re-forming What We Know About Health Care Reform

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Category: CDHC, Compliance and Regulatory, DOL, Health Care Reform, PPACA,

By Justyn Harkin, Communications Specialist, The Jellyvision Lab

Wow, did someone get the license number from that truck? My head is spinning. I mean, one moment I was just minding my own business, peacefully thinking about clever ways to explain coverage options to employees, and the next—major changes to key provisions of the ACA!

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ACA Employer Mandate is Delayed Until 2015

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Category: CDHC, Compliance and Regulatory, DOL, ERISA, Health Care Reform, HHS, PPACA, Taxes,

The Affordable Care Act (ACA) employer mandate provision has been delayed until 2015. This news was announced July 2, 2013 by the ​US Department of the Treasury on behalf of the Administration.

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Important Affordable Care Act Deadline: Employee Notices of the Health Insurance Marketplace (Exchange) Due by October 1, 2013

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Category: CDHC, COBRA, Compliance and Regulatory, DOL, Health Care Reform, IRS, PPACA, Taxes,

On May 8, 2013, the Employee Benefits Security Administration of the U.S. Department of Labor (“DOL”) issued Technical Release No. 2013-02 (“Release”) providing important guidance under the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010 (“Affordable Care Act”), with regard to the requirement that employers provide notices to their employees of the existence of the Health Insurance Marketplace (“Marketplace”), previously referred to as the “Exchange.”

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DOL Releases Model Notice and Guidance on PPACA’s Exchange Notice Requirement

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Category: Compliance and Regulatory, DOL, Health Care Reform, PPACA,

On May 8, 2013, the DOL issued Technical Release No. 2013-02, which includes temporary guidance and a model notice relating to the notice to employees of coverage option (known as the “Exchange Notice”) requirement under PPACA. As background, PPACA requires employers subject to the FLSA to provide each employee with a written notice that describes information about the state health insurance exchanges (also referred to as “marketplaces”), including the availability of premium tax credits and the implications relating to purchasing coverage through the exchanges.

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The ACA – What you need to do NOW

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Category: CDHC, Compliance and Regulatory, DOL, ERISA, Health Care Reform, IRS, PPACA, Taxes,

By Robert J. Lowe

The Patient Protection and Affordable Care Act includes many requirements applicable to employer group health plans. Some of these requirements are already effective but some of the most significant requirements will become effective in 2014. Employers should now be considering what they need to do to comply with ACA requirements that will become effective in 2014.

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New Benefits Coordinator’s Failure to Provide COBRA Election Notice Leads to Stiff Penalties for Employer


Category: COBRA, Compliance and Regulatory, DOL, ERISA,

From the November 08, 2012 EBIA Weekly
[Evans v. Books-A-Million, 2012 WL 5379351 (N.D. Ala. 2012)]

The terminated employee in this case sued her former employer for, among other things, not providing her a COBRA election notice for its group dental plan.

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Important Information Regarding the PPACA Summary of Benefits and Coverage Requirement


Category: Cafeteria Plans, CDHC, Compliance and Regulatory, DOL, ERISA, Flexible Spending, FSA, Health Care Reform, Health Reimbursement, HRA, HSA, IRS, PPACA,

Group health plans, which include HRAs, MERPs, and non-excepted FSAs, must provide a Summary of Benefits and Coverage (SBC) for all eligible plans to all eligible individuals, participants and beneficiaries.

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Summary of Benefit Coverage Requirements for Health FSAs and HRAs


Category: Compliance and Regulatory, DOL, ERISA, Flexible Spending, FSA, Health Reimbursement, HHS, HIPAA, HRA, IRS, PPACA, Section 125 Plans,

Does an employer have to provide a copy of the Summary of Benefits and Coverage (“SBC”) to enrollees of Health Flexible Spending Accounts (“Health FSA”) or Health Reimbursement Arrangements (“HRA”)?

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Court Finds Employer Met ERISA's Voluntary Plan Safe Harbor, Despite Payment of Premiums Through Cafeteria Plan


Category: Cafeteria Plans, Compliance and Regulatory, DOL, ERISA, Section 125 Plans,

Voluntary benefits that are sold directly to employees may be subject to ERISA as employer-sponsored plans, or may be exempt under the voluntary plan safe harbor, which allows for only minimal involvement by the employer. The plaintiff in this case purchased a short-term disability policy after seeing a presentation by the insurer at his workplace.

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HHS Issues Health Care Exchange Rules


Category: CDHC, Compliance and Regulatory, DOL, Health Care Reform, HHS, IRS, PPACA, State Legislation,

By Joyce Frieden, News Editor, MedPage Today

WASHINGTON — The Department of Health and Human Services has issued the final regulations for implementing the state health insurance exchanges mandated by the Affordable Care Act (ACA).

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New FAQ's from DOL for You


Category: Compliance and Regulatory, DOL, Health Care Reform, IRS, PPACA, State Legislation, Taxes,

It wasn't all about the Summary of Coverage documents last Thursday. The Departments of Labor, HHS and Treasury also issued new guidance on frequently asked questions by employers and health plans concerning the auto-enrollment, employer requirements and

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