***This article was originally published by the State Bar of Michigan Health Care Law Section in July, 2018*** INTRODUCTION Since 1973, when our Legislature enacted the Michigan No-Fault Act, health care providers could file a lawsuit directly against a no-fault insurer to recover unpaid medical charges. This all changed on May 25, 2017, when the […]
Earlier this week, the United States Supreme Court ruled that a public employer violates the First Amendment when it withholds agency fees or union dues from an employee’s pay in the absence of that employee’s affirmative consent. The case is Janus v. AFSCME Council 31. It is significant for all public sector employers, but especially for […]
Highlights On June 11, 2018, Governor Snyder signed a series of bills that repeal the Michigan Health Insurance Claims Assessment (HICA) tax. While all employer-sponsored group health plans benefit from HICA tax repeal, the true winners will be self-funded group health plans and their third-party administrators (TPAs). The HICA tax provides funding for a portion […]
The Family and Medical Leave Act (FMLA) already requires covered employers to allow eligible employees to take up to 12 weeks of unpaid leave. But in an effort to encourage employers to offer paid leave, the recent Tax Cuts and Jobs Act of 2018 sweetened the deal by promising a tax credit to employers, starting […]
The United States Citizenship and Immigration Service (USCIS) issued a new policy memorandum drastically changing decades of past practice regarding when unlawful presence is accrued for F, M, and J visa holders. These visa types are commonly used to study or teach at United States colleges and universities, attend vocational schools, participate in medical residency […]
The OFCCP is continuing its streak of high profile, multi-million dollar settlements. Earlier this week OFCCP announced that it had resolved an audit with Dell EMC for $2.9 million in back wages and interest. The OFCCP alleged that Dell EMC paid women and African Americans in various engineering, marketing, sales and manufacturing positions at its […]
The IRS has announced the inflation-adjusted limits for health savings accounts and high deductible health plans for 2019. The annual contribution limits and HDHP maximum out-of-pocket limits will be increasing. Below is a summary: *The 2018 family HSA contribution limit was initially set at $6,900. The tax reform legislation enacted in late 2017 changed the […]
Ever wonder how OFCCP selects federal contractors each year for an enforcement audit? It’s a key issue because an OFCCP audit is typically a several year, time-consuming, and extremely burdensome exercise for HR to deal with. An OFCCP audit is riddled with a minefield of financial risk, since many have resolved for millions of dollars. […]
Last month, Michigan’s Prescription Drug & Opioid Abuse Commission released new opioid treatment and prescribing recommendations for physicians and dentists. These new guidelines supplement the package of opioid laws signed earlier this year (see our January 9, 2018 Pulse Newsletter), many of which go into effect June 1, 2018, and are directed to surgery departments, […]
The family HSA contribution limit for 2018 was initially set at $6,900, was reduced to $6,850 and is now once again, $6,900. What’s going on? The maximum single and family HSA contribution limits are subject to annual adjustment for changes in the cost-of-living. The new limits for a calendar year are reviewed annually and any […]
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