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.

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)

On March 11, 2021 President Biden signed the American Rescue Plan Act (ARPA). It contains many HR and benefit-related items, and in this post we’ll cover the temporary rules that apply only to 2021 for an increase in the limits for pre-tax Dependent Care Reimbursement Accounts (DCRAs).

Posted on March 18, 2021 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
Administration, 
Blog, 
COVID-19, 
Flexible Spending Accounts (FSA), 
FSA / HSA / HRA, 
HR Policies and Procedures, 
Work / Life Balance

On March 11, 2021 President Biden signed the American Rescue Plan Act (ARPA). It contains many HR and benefit-related items, and in this post we'll cover the new temporary rules for this year's version of Assistance Eligible Individuals (AEIs).

Posted on March 17, 2021 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
Administration, 
Blog, 
COBRA, 
COVID-19, 
ERISA-ACA Compliance, 
HR Compliance

On the last possible workday on which to provide needed guidance before health plan sponsors had to fend for themselves on when the COBRA and HIPAA Outbreak Period ended, the Employee Benefits Security Administration, part of the US Department of Labor, issued Disaster Relief Notice 2021-01.

Posted on February 26, 2021 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
Benefits, 
Blog, 
COBRA, 
COVID-19, 
ERISA-ACA Compliance, 
Health and Welfare Team, 
HR Compliance, 
HR Outsourcing, 
HR Policies and Procedures

The US Department of Labor (DOL) is the responsible agency for overseeing compliance with ERISA, the Employee Retirement Income Security Act of 1974. Penalties for a variety of ERISA violations are contained within the law and are indexed annually for inflation. They've increased substantially.

Posted on February 22, 2021 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
401(k), 
Administration, 
All Articles, 
Benefits, 
Blog, 
ERISA-ACA Compliance, 
FSA / HSA / HRA, 
Health Reimbursement Arrangements (HRA), 
HR Compliance, 
IRS Form 5500 Services (BDA), 
IRS Form 5500 Services (RPS), 
Retirement Plans

We provided information at the end of April, 2020 about the IRS' and DOL's determination that the "pause" button was hit on a number of regular timing and payment due dates relating to COBRA, health plan claims (including health care FSA claims), and HIPAA Special Enrollment Periods. Is it ending?

Posted on February 18, 2021 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
Benefits, 
Blog, 
COBRA, 
COVID-19, 
ERISA-ACA Compliance, 
Flexible Spending Accounts (FSA), 
FSA / HSA / HRA, 
Health and Welfare Team, 
Health Reimbursement Arrangements (HRA)