New and Updated in Health and Welfare Plans (Q1 2015) | Practical Law
New from Practical Law Employee Benefits & Executive Compensation! A collection of the top Health and Welfare Plan resources we added or significantly updated in Q1 2015.
Law stated as of 14 Apr 2015 • USA (National/Federal)
New from Practical Law Employee Benefits & Executive Compensation! A collection of the top Health and Welfare Plan resources we added or significantly updated in Q1 2015.
We're constantly expanding and updating our Health and Welfare Plan resources to reflect the latest developments in employee benefits law. This list reflects some of the most important Health and Welfare Plan resources we added or substantially revised in Q1 2015:
Cadillac Plan Excise Tax Under the ACA. We substantially updated and expanded this resource to reflect IRS guidance (February 2015) on potential approaches for several key issues involving Cadillac Plan excise tax compliance under the Affordable Care Act (ACA) (26 U.S.C. § 4980I). Among other things, the IRS guidance addresses the definition of applicable coverage for excise tax purposes and determining the cost of applicable coverage. For additional background, see our related legal update (February 2015) on the new IRS guidance, IRS Cadillac Tax Rules Highlight Need for COBRA Guidance and the Affordable Care Act (ACA) Toolkit.
COBRA's Gross Misconduct Exception. Under COBRA, an employee's termination for gross misconduct is not a qualifying event for which the employee must be allowed to elect COBRA continuation coverage. Unfortunately, gross misconduct is not defined under COBRA or its implementing regulations. This Practice Note, which was added to our Health and Welfare Plans topic in Q1 2015, analyzes court cases addressing the scope of COBRA's gross misconduct exception and the implications for employers.
Lifetime Limits, Annual Limits, and Essential Health Benefits Under the ACA. We completely updated this resource to reflect new government regulations and FAQs, including rules addressing health reimbursement arrangements, out-of-pocket limits, brand name prescription drugs, referenced-based pricing and much more.
Patient Protections and Clinical Trials Under the ACA. We substantially expanded and re-launched this resource to address standards for clinical trials, reflecting protections added under the ACA. Among other things, the ACA standards prevent certain group health plans and insurers from discriminating against individuals who participate in approved clinical trials.
PEO Client Service Agreement. Working with our Practical Law Labor & Employment colleagues, we updated this Standard Document, which reflects new provisions under the Tax Increase Prevention Act of 2014 (TIPA). Among other provisions, TIPA authorized the IRS to create a voluntary certification for PEOs to be recognized as "certified" for purposes of the Internal Revenue Code.
Small Business Health Care Tax Credit Under the ACA. We comprehensively updated this resource, which addresses an ACA tax credit intended to help small employers afford the cost of offering health insurance coverage, to address IRS final regulations that implement the credit.