back to homepage
Affordable Care Act
ACA Expansion of Medicaid Passes in Missouri
3 minute read: In yet another triumphant win for the Affordable Care Act, the state of Missouri approved and passed the expansion of Medicaid. The expansion comes after nearly 53% Read More
California Doubles Down on Its Gig Economy Worker Misclassification Challenge. Learn How That Could Affect Your ACA Compliance
3 minute read: California is doubling down in its battle against the gig economy. The California Labor Commissioner’s office just announced that it filed a lawsuit against Uber for misclassifying Read More
Most States Reject Trump ACA STLDI Rule as DC Circuit Says It’s Here to Stay
2 minute read: The convergence of insurance regulation at the federal and state levels keeps getting more complex. In July, the DC Circuit Court of Appeals upheld the Trump administration Read More
SBA Releases FAQs on Loan Forgiveness Under the Paycheck Protection Program (PPP)
1 minute read: On August 4, 2020, the Small Business Association (SBA) released 10 pages of FAQs pertaining to loan forgiveness under the Paycheck Protection Program (PPP). The PPP is Read More
New Senate Bill Seeks to Enhance the Employee Retention Credit Under the CARES Act
2 minute read: The Senate recently introduced new legislation to further assist in the continuing COVID-19 pandemic, including the American Workers, Families and Employer Assistance Act. Under this Senate Bill, Read More
Gig-Economy Worker Benefits Will Affect ACA Compliance
3 minute read: It’s no mystery that both companies and consumers benefit from the gig-economy, but what about the workers? Sure, it provides a means to an end, but workers Read More
Employee Misclassification Laws Add Headache to Employer ACA Compliance
3 minute read: In the past year three states have implemented laws that broaden the definition of “employee” and include penalties or additional liability exposure for employers who misclassify their Read More
More ACA Complexity: California Releases Draft Instructions Diverge From ACA Employer Reporting
2 minute read: With the zeroing out of the ACA’s “Individual Mandate,” which required individuals to have minimum essential health coverage through the enactment of the Tax Cuts and Jobs Read More
IRS Increases Premium Tax Credit Eligibility and Affordability Cap
1 minute read: The IRS updated indexing adjustments for certain provisions under IRC Section 36B in Revenue Procedure 2020-36. See RP 2020-36. In particular, the initial and final premium percentages Read More
ACA Enhancement Bill Telling of the Times
2 minute read: House of Representative Democrats have unveiled a bill that would enhance many of the ACA’s components while reversing much of the Trump administration’s onslaught to the healthcare Read More
Trump ACA Contraceptive Rule Upheld by Supreme Court
2 minute read: On July 8, 2020 the Supreme Court handed down its decision in Little Sisters of the Poor v. Pennsylvania, upholding the new Trump Administration rule regarding contraceptive Read More
ACA Reporting To Grow in Complexity Due to State Individual Mandates
3 minute read: Employers with operations in states that have additional state level ACA reporting as a requirement of the state’s Individual Mandate know that it’s no easy undertaking, but Read More
IRS Release Drafts of 2020 IRS Forms 1094-C and 1095-C
2 minute read: The IRS released its draft 2020 IRS Forms 1094-C and 1095-C, dated as draft as of July 13, 2020. There are no changes to the Form 1094-C Read More
ACA’s Expansion of Medicaid Takes Hold in Oklahoma
3 minute read: In late June, Oklahoma joined 37 other states and the District of Columbia in expanding Medicaid under the ACA. Better late than never and in good timing Read More
Proposed Rules allow for More Flexibility to Grandfathered Group Health Plans
2 minute read: The Treasury, the Internal Revenue Service, the Department of Labor and the Department of Health and Human Services have jointly released a notice of proposed rulemaking to Read More
Californians Beware, The Individual ACA Penalty Has Increased
2 minute read: California residents that fail to obtain qualified health coverage this year will receive a penalty from the state for an amount larger than first projected. Per California’s Read More
IRS to Begin Issuing ACA Penalty Letters after July 15, 2020
2 minute read: Employers should start gearing up for IRS penalty letters issued under the Affordable Care Act. According to an announcement posted on the IRS website, the IRS has Read More
Window to get Paycheck Protection Program (PPP) Loan gets Extended
1 minute read: President signed legislation (S.4116) on the Fourth of July extending the deadline to apply for the Paycheck Protection Program (PPP). Now, small employers now have until August Read More
Virginia’s New Misclassification Law Will Impact Employers ACA Compliance
2 minute read: Virginia has decided to get into the worker misclassification game with the passage and implementation of HB 984 on July 1, 2020. Unlike states such as California Read More
ACA Penalties under §4980H are not Subject to a Statute of Limitations
2 minute read: As businesses reopen and bring workers back to offices, restaurants, and retail stores across the country, employers should take this opportunity to look at their ACA compliance Read More
TIGTA Recommends Undisclosed Stricter Enforcement Procedures of the Employer Shared Responsibility Payment
1 minute read: On June 10, 2020, The Treasury Inspector General for Tax Administration (TIGTA) issued a heavily redacted report entitled “Improvements Are Needed to Ensure That Employer Shared Responsibility Read More
As Businesses Reopen during the Pandemic, They Need to Think About How to Bring Their Workers Back Safely
3 minute read: We already discussed that as states go through their re-opening processes in the midst of the COVID-19 pandemic bring their employees back to work, in addition to Read More
As Employers Bring Workers back during the Pandemic, They Need to Think about their Potential Liability Exposure
2 minute read: As states go through their re-opening processes in the midst of the COVID-19 pandemic, many employers have begun opening their offices and bringing their employees back to Read More
The ACA PCORI Fee Deadline is Fast Approaching
2 minute read: This time last year was presumed to be the last time health insurers and employers offering self-funded health insurance plans would have to pay PCORI fees, but Read More
Employers, Are You Prepared for the DC 1094-C/1095-C Filing Requirements?
2 minute read: Washington DC is one of several jurisdictions to have implemented an individual mandate in the wake of Congress zeroing out the federal ACA penalty for individuals who Read More
ACA to Aid Millions in Obtaining Healthcare, KFF Report Finds
2 minute read: The data is in, at least 27 million Americans have lost employer-sponsored health coverage as a result of COVID-19. The Kaiser Family Foundation issued a report in Read More
Federal Reserve Expands Main Street Loan Program
1 minute read: On June 8, 2020, the Federal Reserve Board expanded its Main Street Lending Program to include more small and medium sized businesses. See here. Changes to the Read More
Paycheck Protection Program Flexibility Act Injects much needed Flexibility into PPP Loan Forgiveness
2 minute read: The Paycheck Program Flexibility Act was signed into law on June 5, 2020. This comes just in the nick of time as the original covered period under Read More
How Serious are Penalties under the ACA? Very.
2 minute read: The Affordable Care Act (ACA) is the single most important piece of health care legislation in generations. One major reason for the ACA’s significant impact on the Read More
Protect App-Based Drivers Act Would Create Further Employee Classification and ACA Reporting Issues
3 minute read: As part of their campaign against the requirements of California Assembly Bill 5 (AB5), which went into effect January 2020 and requires employers to treat contract workers Read More
Proposed IRS Regs Will Not Affect How Individuals Receive PTCs
2 minute read: The IRS recently issued proposed regulations on how the personal tax exemption reduction to “0” will affect qualifications for recipients of Premium Tax Credits (PTCs). Regulation 124810-19, Read More
AB5 Targets Multi-Level Marketing Companies – See How this Could Affect Your ACA Compliance
3 minute read: Multi-level marketing giant Amway was sued in a proposed class action earlier this year for misclassifying its Independent Business Owners (IBOs) as independent contractors instead of employees. Read More
ACA’s Expansion of Medicaid Key Player for Providing Health Coverage Amid COVID-19
2 minute read: By now it’s become abundantly clear how important it is for individuals to have health coverage. COVID-19 or not, healthcare is saving lives and the ACA has Read More
Emergency Paid Sick Leave and the ACA
3 minute read: If you are a U.S. business, there is a good chance that one or more of your employees have taken emergency paid sick leave. Such leaves may Read More
Why CMS’s 2021 Payment Notice May Lead to More PTC Allocations
2 minute read: Earlier this month the Centers for Medicare and Medicaid Services (CMS) issued the Notice of Benefit and Payment Parameters for 2021 (2021 Payment Notice). The rule includes Read More
New IRS Notice May Provide Relief and ACA Exposure
2 minute read: In the wake of the COVID-19 pandemic, the Internal Revenue Service (IRS) has instituted a number of important adjustments to employee benefits plan compliance rules. Recently, the Read More
Employers May See More ACA Penalties As a Result of COVID-19
2 minute read: A new data analysis report from the Kaiser Family Foundation (KFF) finds the vast majority of Americans who lost their job amid COVID-19will be eligible for government Read More
Know your Tax Relief and ACA Compliance Obligations during the Pandemic: California Governor’s Executive Order brings Property Tax penalty Relief
2 minute read: On May 6, 2020 California Governor Gavin Newsom issued Executive Order N-61-20 providing some property tax penalty relief to individual and small business taxpayer’s who have been Read More
Uber and Lyft sued by California for Misclassifying Gig Workers. How Misclassification can Impact ACA Compliance
3 minute read: Gig Economy giants Uber and Lyft are being sued by the state of California for allegedly failing to meet the requirements of California Assembly Bill 5 (AB Read More
SBA Releases PPP Loan Forgiveness Application
1 minute read: On Friday, the SBA released the application with instructions form for loan forgiveness under the Paycheck Protection Program (PPP). See here. The form provides guidance and clarification Read More
ACA Penalties to Continue with the IRS Returning to Work
2 minute read: As states begin to lift their shelter-in-place orders and begin plans to re-open, employers should take note of recent IRSactivity, as the agency is expediting its efforts Read More
Employers Must Count Foreign Employees for Determining PPP Eligibility
1 minute read: The SBA continues to produce guidance for employers seeking Payment Protection Program (PPP) Loans. In a recent update to their guidance, the SBA made it clear that, Read More
Workforce Changes Now Will Affect ACA Reporting Later
3 minute read: Several weeks into quarantine and social distancing, many are wondering when the country will reopen. As of April 20, 42 states had placed shelter in place orders. Read More
Congress May Give PPP Recipients More Relief from the IRS
1 minute read: On April 30, 2020 the IRS recently issued IRS Notice 2020-32. This Notice discusses the tax deductibility status of expenses that are forgiven under the Paycheck Protection Read More
TIGTA Reports 27.4% of Premium Tax Credits Are Improper Payments
2 minute read: On April 30, 2020, the Treasury Inspector General for Tax Administration (TIGTA) issued a new report entitled, “Improper Payment Reporting Has Improved; However, There Have Been No Read More
Returning to Work: Rehiring Employees After COVID-19 and the Impact on ACA Compliance
4 minute read: As states begin to relax their stay at home orders and businesses look to reopen post COVID-19 Pandemic, Employers should start thinking about how bringing back furloughed Read More
No Double Dipping: Forgiven Covered Expenses on a PPP Loan Are Not Deductible
1 minute read: The IRS recently issued IRS Notice 2020-32. See here. This Notice discusses the tax deductibility status of expenses that are forgiven under the Paycheck Protection Program (“PPP”) Read More
Payroll Protection Program Loan Forgiveness Checklist
2 minute read: Congratulations if you were one of the lucky ones to receive a Payroll Protection Program (PPP) loan! Remember, under Section 1106 of the CARES Act, as clarified Read More
Supreme Court Rules in Favor of ACA Risk Corridors
2 minute read: The Affordable Care Act chalked up a win in late April when the Supreme Court ordered the federal government to pay insurance companies funding it’s been entitled Read More
