Kushner & Company Blog

The Kushner & Company blog brings current legal, regulatory, and items of interest to our business executives and HR professionals in all areas of HR and benefit design and administration. The extensive library of blogs is fully searchable and contains many ideas, tips, and updates on all things HR and benefits.

The PCORI annual filing and fees were reinstated through 2029. That means that all employers (or their insurers in fully insured group health plans) must file the annual IRS Form 720 by July 31st of each year, regardless of their plan year.

Posted on May 26, 2022 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
Administration, 
Benefits, 
Blog, 
ERISA-ACA Compliance, 
FSA / HSA / HRA, 
Health and Welfare Team, 
Health Reimbursement Arrangements (HRA), 
HR Compliance

Starting in 2007, the Tax Relief and Health Care Act of 2006 (TRHCA) requires that the IRS release the upcoming year’s new HSA limits prior to June 1st. Thus, we now have the 2023 HSA limits.

Posted on April 30, 2022 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
Benefits, 
Blog, 
Health and Welfare Team, 
Health Savings Accounts (HSA)

The IRS has now released all of the 2022 benefit limits. Earlier this year, they also released the High Deductible Health Plan (HDHP) and Health Savings Account (HSA) limits.

Posted on November 10, 2021 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
401(k), 
Benefits, 
Blog, 
Commuter Benefits, 
ERISA-ACA Compliance, 
Flexible Spending Accounts (FSA), 
FSA / HSA / HRA, 
Health Reimbursement Arrangements (HRA), 
Health Savings Accounts (HSA), 
Qualified Small Employer HRA (QSEHRA), 
Total Rewards

The IRS has new requirements for employers that utilize a fully discretionary matching contribution formula in their pre-approved plans.

Posted on October 1, 2021 By Kushner & Company, Consulting Services
Categories: 
401(k), 
Blog, 
Defined Contribution Plan, 
ERISA-ACA Compliance, 
HR Compliance, 
Profit Sharing, 
Retirement Plans

Employers that offer prescription drug benefits are required to provide an annual notice to all Medicare-eligible plan participants and qualified beneficiaries before October 15th of each year, the start of the Medicare open enrollment period. Most send it to all participants.

Posted on September 30, 2021 By Kushner & Company, Consulting Services
Categories: 
Benefits, 
Blog, 
ERISA-ACA Compliance, 
Health and Welfare Team, 
HR Compliance, 
Team Rewards, 
Total Rewards

In a recent news release, the IRS reminds employers and employees that the cost of COVID-19 home testing is an eligible expense under a health care flexible spending account (FSA), health reimbursement arrangement (HRA), and health savings account (HSA).

Posted on September 13, 2021 By Kushner & Company, Consulting Services
Categories: 
Administration, 
Benefit Card, 
Blog, 
COVID-19, 
Flexible Spending Accounts (FSA), 
FSA / HSA / HRA, 
Health Reimbursement Arrangements (HRA), 
Health Savings Accounts (HSA)

Among its many provisions, the ACA says that Applicable Large Employers must provide health coverage that is affordable to at least 95 percent of its full-time employees. In 2022, for only the second time since 2015 the affordability index fell. Employers have work to do.

Posted on September 9, 2021 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
Benefits, 
Blog, 
ERISA-ACA Compliance, 
HR Compliance, 
Total Rewards

In August 2021 Delta Airlines announced that starting in 2022 it was imposing a $200 per month premium surcharge for any COVID-19 unvaccinated employee. Other employers quickly began asking if this was allowable under a myriad of employee benefit laws. The answer is "yes," but...

Posted on September 8, 2021 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
Administration, 
Benefits, 
Blog, 
ERISA-ACA Compliance, 
Health and Welfare Team, 
HR Compliance, 
Total Rewards

In IRS Information Letter 2021-13, the agency reiterates that Flexible Spending Account claims paid on an FSA debit card must have the required substantiation containing all of the information normally required for a claim submitted for reimbursement through other means such as mail, e-mail, or fax.

Posted on July 27, 2021 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
Benefit Card, 
Benefits, 
Blog, 
Flexible Spending Accounts (FSA), 
FSA / HSA / HRA, 
Health Reimbursement Arrangements (HRA)

As we explained last year, funding for the Patient-Centered Outcomes Research Institute (PCORI) was supposed to end with filings and fees for plan years that began before October 1, 2018. Nope.

Posted on May 18, 2021 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
Benefits, 
Blog, 
ERISA-ACA Compliance, 
FSA / HSA / HRA, 
Health Reimbursement Arrangements (HRA), 
Individual Coverage HRA (ICHRA), 
Qualified Small Employer HRA (QSEHRA)

Last year's Consolidated Appropriations Act and this year's American Rescue Plan provided employers optional flexibility for their Dependent Care FSAs. But they also created a potential tax hurdle. The IRS fixed (most all of) it.

Posted on May 11, 2021 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
Benefits, 
Blog, 
Flexible Spending Accounts (FSA), 
FSA / HSA / HRA, 
Team Rewards, 
Total Rewards

Starting in 2007, the Tax Relief and Health Care Act of 2006 (TRHCA) requires that the IRS release the upcoming year’s new HSA limits prior to June 1st. Thus, we now have the 2022 HSA limits.

Posted on May 10, 2021 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
Blog, 
ERISA-ACA Compliance, 
FSA / HSA / HRA, 
Health Savings Accounts (HSA)