Kushner & Company Blog

Like a horror movie scene, just when you thought that the Patient-Centered Outcomes Research Institute (PCORI) was finally funded from the plan years that began before October 1, 2018, it's baaaaaaacccckkkkk. And that means employers have new filings to make and fees to pay.

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. On May 21, 2020, the IRS released the 2021 information.

In two new IRS Notices (2020-29 and 2020-33), there are temporary changes to the rules governing Flexible Spending Accounts (FSAs) through 2020 due to COVID-19, and permanent changes to both FSAs and certain Health Reimbursement Arrangements (HRAs) that will begin this year. 

The DOL and IRS issued a Notice that announced a "pause" in the timelines that affect many COBRA and HIPAA Special Enrollment Period timelines during the COVID-19 National Emergency pandemic. It also provides for additional timelines relating to all health and welfare plan claim filings and appeals.

The Coronavirus Aid, Relief, and Economic Security Act (CARES) was signed into law on March 27, 2020. It's a mammoth bill of over 880 pages, and contains many employee benefit-related items. This post, the second in the CARES Act series deals with the qualified retirement plan provisions in the Act.

The Coronavirus Aid, Relief, and Economic Security Act (CARES) Act has now been signed into law on March 27, 2020. It is a mammoth bill of over 880 pages, and contains many employee benefit related items. This post deals with two health and welfare items: over-the-counter drugs and telemedicine.

In an IRS News Release (IR 2020-57) issued on March 20, 2020, the IRS announced that they will shortly provide guidance that employers with fewer than 500 employees may retain payroll taxes withheld from employees’ paychecks for the tax credits for emergency paid leave.

We have seen many news stories of how the COVID-19 virus has impacted many employers, causing some to turn to significant reductions in their workforce via furloughs and layoffs.   COBRA law and regulations are quite clear.

But there is an alternative for some employers.

On March 11, 2020, the Internal Revenue Service advised that high-deductible health plans (HDHPs) can pay for COVID-19-related testing and treatment, without jeopardizing their status. This also means that an individual with an HDHP that covers these costs may continue to contribute to an HSA.

On February 26, 2020, the US Supreme Court ruled in Intel Corporation Investment Policy Committee v Sulyma that under ERISA a plan participant "must have 'actual knowledge' of the information contained in required disclosures he receives but does not read or cannot recall reading."

Much later than usual, the IRS released the 2020 retirement plan contribution limits. Earlier this year, they also released the High Deductible Health Plan (HDHP) and Health Savings Account (HSA) limits. We now also have the cafeteria plan, adoption credit, and transit benefit limits as well.

The US Department of Labor has suddenly realized that employers and their employees use a newfangled means of communicating in the real world: e-mail and the internet. In a bold move proposing their latest regulations he DOL has proposed new rules.