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23 December 2022

Two-Year Extension of Relief for HDHPs and Telemedicine to Become Law

Earlier today, on December 23, 2022, President Biden signed into law a two-year extension (generally, until December 31, 2024) of the relief for high deductible health plans (“HDHPs”) and telemedicine.  The two-year extension was included as part of the $1.7 trillion government spending package, which is titled the Consolidated Appropriations Act, 2023 (the “CAA 2023”).  As many plan sponsors of HDHPs are aware, offering a telemedicine medicine benefit in conjunction with an HDHP can potentially jeopardize the health savings account (“HSA”) eligibility of participants in the HDHP.

21 December 2022

IRS Finalizes Permanent Extension of ACA Reporting Deadlines

On December 12, 2022, the IRS released its final regulations that permanently extend the deadline to furnish Forms 1095-C and 1095-B to individuals, and, in limited circumstances, provide an alternative method of furnishing these forms to individuals. The final regulations are largely the same as the proposed regulations that were released in November 2021.

05 December 2022

OFCCP Proposes Significant Additions to Audit Requirements for Federal Contractors

On November 22, 2022, OFCCP published a proposed scheduling letter and itemized listing that, if finalized, would substantially increase the burden on federal contractors when audited by the agency.  OFCCP scheduling letters represent the official commencement of an audit, and the letter lists all the data and documentation requested by the agency to begin its […]

18 November 2022

Motorcycle Accidents that Involve a Motor Vehicle: Unintended Consequences of the 2019 Amendments to the Michigan No Fault Act

According to the Michigan State Police, 282,640 traffic crashes happened in Michigan in 2021 – 1068 of those accidents resulted in a fatality.  Accidents involving a motorcycle accounted for 1.1% (3,271).  But motorcycles were involved in 16% (171) of the traffic crashes that resulted in a fatality.  From a potential for injury standpoint – motorcycle […]

04 November 2022

Choose Wisely: Select Uncoordinated (Primary) Unlimited Pip Coverage

In the new world of “PIP choice,” consumers can now choose how much PIP (primarily medical coverage) to carry on their no-fault insurance policies.  Depending upon eligibility, some are choosing only $50,000; others are selecting $250,000 or $500,000; and many have wisely continued with unlimited lifetime coverage.  Still others have decided to exclude medical coverage […]

31 October 2022

DOJ Secures First Win in Criminal Antitrust “No-Poach” Case

Last week, VDA OD LLC, a Nevada healthcare staffing agency providing nurses to a public school district, pleaded guilty to violating the criminal antitrust laws by entering into a “no-poach” agreement with a competitor. The Department of Justice (DOJ) charged VDA in 2021 with agreeing with a competitor agency not hire each other’s nurses—in other […]

25 October 2022

2023 Annual Limits Announced

The IRS recently released inflation-adjusted limitations that apply to various employee benefits in 2023. Medical FSA Limitation and Maximum Carryover Amount for 2023 The IRS recently announced the revised dollar limitation on employee salary reduction contributions to a medical FSA, and the revised maximum medical FSA carryover amount.  For 2022, the employee salary reduction contribution […]

20 October 2022

ERISA Health Plan Claims Update: Claims Review Poised To Change

On September 29, 2022, the U.S. House of Representatives approved passage of the Employee and Retiree Access to Justice Act, a bill that if enacted into law has significant implications for providers seeking payment of health plan claims governed by the Employee Retirement Income Security Act, commonly known as ERISA. Currently, ERISA authorizes benefit plan […]