Monthly Archives: June 2014

Deadline for Amending HIPAA Business Associate Agreements is September 22, 2014

Last year, the U.S. Department of Health and Human Services (“HHS”) published the long awaited Omnibus Final Rule which made a number of modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules (“HIPAA Final Rule”). Business Associate Agreements … Continue reading

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Form 5500 Late Filing Relief

On May 9, 2014, the IRS issued two new guidance items concerning late-filing relief programs related to Form 5500. One of the guidance items, Revenue Procedure 2014-32, created a one-year pilot program providing penalty relief to plan administrators who fail … Continue reading

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Bankruptcy Protection for IRAs and ERISA Plans

A previous post, found here, discussed the recent Supreme Court decision, in Clark v. Rameker, which held that inherited IRAs do not constitute retirement accounts and therefore do not receive the bankruptcy protections many such accounts receive. While that decision … Continue reading

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Annual Report to Congress on Breaches of Unsecured Protected Health Information

Recently, the Secretary of Health and Human Services submitted to Congress an annual report containing the number and nature of breaches of unsecured protected health information reported to the Office of Civil Rights (“OCR”) as required by the Health Insurance … Continue reading

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Examining Windsor’s Impact On Health and Life Insurance

In a previous post, found here, we discussed the landmark Supreme Court ruling in Windsor and its impact on qualified retirement plans.   However, the impact of the Windsor is not limited to qualified retirement plans, but applies to a wide … Continue reading

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Severance Pay is Subject to FICA Tax

On March 25, 2014, in United States v. Quality Stores, Inc. (found in full here), the Supreme Court held that severance payments, made to involuntarily terminated employees, are subject to the FICA tax. This ruling clarifies an issue which had … Continue reading

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Pediatric Dental Benefits Under the ACA

Health insurance issuers that offer coverage in the individual or small group markets must provide “essential health benefits.”  Essential health benefits include minimum benefits in 10 general categories, including pediatric dental care.  The requirement to provide essential health benefits is effective … Continue reading

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Qualified retirement plans and same-sex marriages

Subsequent to the June 26, 2013 U.S. Supreme Court’s Windsor ruling, in which the Court held that same-sex marriages must be recognized under federal tax laws, the IRS and Department of Labor (“DOL”), respectively issued guidance concerning the impact of … Continue reading

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COBRA Notice Model Update

On May 2, 2014, the Department of Labor (“DOL”) released updated COBRA notice models. The most prominent change contained in the updated models is the addition of content explaining the availability of health coverage through the health insurance marketplace. In … Continue reading

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