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 …
2016 Presidential Election
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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 …
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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 …
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Affordable Care Act
IRS Release Drafts of 2020 IRS Forms 1094-C and 1095-C
by Robert Sheenby Robert Sheen2 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 …
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Affordable Care Act
ACA’s Expansion of Medicaid Takes Hold in Oklahoma
by Robert Sheenby Robert Sheen3 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 …
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Affordable Care Act
Proposed Rules allow for More Flexibility to Grandfathered Group Health Plans
by Robert Sheenby Robert Sheen2 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 …
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Affordable Care Act
Californians Beware, The Individual ACA Penalty Has Increased
by Robert Sheenby Robert Sheen2 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 …
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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 …
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Affordable Care Act
Window to get Paycheck Protection Program (PPP) Loan gets Extended
by Robert Sheenby Robert Sheen1 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 …
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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 …
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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 …
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Affordable Care Act
TIGTA Recommends Undisclosed Stricter Enforcement Procedures of the Employer Shared Responsibility Payment
by Robert Sheenby Robert Sheen1 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 …
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Affordable Care Act
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 …
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Affordable Care Act
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 …
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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 …
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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 …
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Affordable Care Act
Federal Reserve Expands Main Street Loan Program
by Robert Sheenby Robert Sheen1 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 …
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Affordable Care Act
Paycheck Protection Program Flexibility Act Injects much needed Flexibility into PPP Loan Forgiveness
by Robert Sheenby Robert Sheen2 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 …
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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 …
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Affordable Care Act
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 …
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Affordable Care Act
Proposed IRS Regs Will Not Affect How Individuals Receive PTCs
by Robert Sheenby Robert Sheen2 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, …
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Affordable Care Act
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. …
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Affordable Care ActHealth Care Coverage
ACA’s Expansion of Medicaid Key Player for Providing Health Coverage Amid COVID-19
by Robert Sheenby Robert Sheen2 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 …
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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 …
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Affordable Care Act
Why CMS’s 2021 Payment Notice May Lead to More PTC Allocations
by Robert Sheenby Robert Sheen2 minute read: Back in March, the Centers for Medicare and Medicaid Services (CMS) issued the Notice of Benefit and Payment Parameters for 2021 (2021 Payment Notice). The rule includes …
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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 …
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Affordable Care Act
Employers May See More ACA Penalties As a Result of COVID-19
by Robert Sheenby Robert Sheen2 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 …
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Affordable Care Act
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 …
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ACA ComplianceAffordable Care Act
Uber and Lyft sued by California for Misclassifying Gig Workers. How Misclassification can Impact ACA Compliance
by Robert Sheenby Robert Sheen3 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 …
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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 …
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ACA ComplianceACA ReportingAffordable Care Act
ACA Penalties to Continue with the IRS Returning to Work
by Robert Sheenby Robert Sheen2 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 …
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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, …
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ACA ComplianceACA ReportingAffordable Care Act
Workforce Changes Now Will Affect ACA Reporting Later
by Robert Sheenby Robert Sheen3 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. …
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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 …
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Affordable Care Act
TIGTA Reports 27.4% of Premium Tax Credits Are Improper Payments
by Robert Sheenby Robert Sheen2 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 …
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Affordable Care Act
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 …
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Affordable Care Act
No Double Dipping: Forgiven Covered Expenses on a PPP Loan Are Not Deductible
by Robert Sheenby Robert Sheen1 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”) …
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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 …
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ACA ComplianceAffordable Care Act
Supreme Court Rules in Favor of ACA Risk Corridors
by Robert Sheenby Robert Sheen2 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 …
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1 minute read: On April 9, 2020, the IRS issued Notice 2020-23 to provide relief relating to certain deadlines for taxpayers in response to the March 13, 2020 emergency declaration …
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Affordable Care Act
Paycheck Protection Program Gets a $310 Billion Infusion to Help Small Businesses Through Coronavirus Pandemic
by Robert Sheenby Robert Sheen2 minute read: On April 24, 2020, the Paycheck Protection Program and Health Care Enhancement Act was signed into law (the “Act”). Among its key provisions is the infusion of …
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Affordable Care Act
Potential ACA Relief for Employers Facing COVID-19 Hardship
by Robert Sheenby Robert Sheen2 minute read: As the COVID-19 global health pandemic continues to affect businesses large and small, employers must still comply with the requirements of the ACA’s Employer Mandate. As a …
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Affordable Care Act
What You Should Know to Ensure Maximum Loan Forgiveness for PPP Loans
by Robert Sheenby Robert Sheen3 minute read: On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was enacted to expeditiously aid small businesses in the wake of the Coronavirus …
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2 minute read: While Trump Administration shot down the idea of a special ACA enrollment period to help individuals who have lost their coverage due to the COVID-19 Pandemic, states …
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4 minute read: Many employers and individuals are understandably concerned about how to navigate the difficult business environment created by the COVID-19 Pandemic and resulting state and federal mitigation measures. …
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2 minute read: Many employers are understandably concerned about how to navigate the difficult business environment created by the COVID-19 Pandemic and resulting state and federal mitigation measures. Below is …
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13 minute read: Compliance with the various employer provisions of the Affordable Care Act (ACA) can be complicated under normal employment conditions. As employers face the incredibly difficult business climate …
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2 minute read: The IRS has been busy issuing penalties to employers that failed to comply with the ACA’s Employer Mandate for the last several tax years. Employers should note …
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5 minute read: Many employers are understandably concerned about how to navigate the difficult business environment created by the Covid-19 Pandemic and resulting state and federal mitigation measures. Below is …
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Affordable Care Act
Treasury Issues Interim Final Rule on the Paycheck Protection Program Loans
by Robert Sheenby Robert Sheen5 minute read: On April 2, 2020, the Treasury issued Interim Final Rule on the Paycheck Protection Program (“PPP”). The PPP is the program under the Coronavirus Aid, Relief, and …