2 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 …
2016 Presidential Election
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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 …
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Affordable Care ActIRS
What You Need to Know About COVID-19 Changes at the IRS
by Robert Sheenby Robert Sheen3 minute read: In the midst of theCOVID-19 crisis, the IRS announced that it will pare back operations to focus on “mission-critical” functions. In a notice updated on April 1, …
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3 minute read: As employers across the country continue to feel the impact of the COVID-19 Pandemic and work to comply with various state or local stay at home orders …
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5 minute read: As businesses across the country are shutting their doors to comply with various state or local Stay at Home orders to combat the spread of the COVID-19 …
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3 minute read: As businesses across the country shutter their doors, reduce their hours and move to remote working to comply with various state or local stay at home orders …
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Affordable Care ActHealth Care Coverage
Federal Special Enrollment Period on the Horizon
by Robert Sheenby Robert Sheen2 minute read: The Trump Administration is doing the unexpected and considering a special ACA enrollment period in light of the COVID-19 Pandemic. The special enrollment period will provide uninsured …
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2 minutes read: Due to the enormous challenges the coronavirus crisis is imposing on our healthcare system, the state of California has extended its Special Enrollment period. Effective immediately, the …
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ACA ComplianceACA ReportingAffordable Care Act
What You Need to Know: ACA Rule of Parity, COVID-19 Pandemic and Temporary Layoffs
4 minute read: The Coronavirus (Covid-19) is putting a strain on all aspects of life in the United States right now. For businesses, they are struggling with closures, decreased demand, …
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ACA ComplianceAffordable Care Act
The Trucking Industry Faces Challenges with AB5
by Robert Sheenby Robert Sheen3 minute read: California’s AB5 has changed the landscape on how independent contractors and employers work together. The trucking industry in particular faces unique challenges in adjusting to the new …
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2 minute read: The Supreme Court has agreed to rule on the constitutionality of the Affordable Care Act, for a second time. This unusual turn of events comes after the …
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2 minute read: On March 11, 2020, the Internal Revenue Service (IRS) made an important announcement concerning high deductible health plans (HDHPs) and the Coronavirus known as COVID-19. The IRS …
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Affordable Care Act
ACA Changes Continue to Stabilize the Marketplace
by Robert Sheenby Robert Sheen3 minute read: According to research by the Kaiser Family Foundation (KFF), there will be an average of 4.5 insurers per state this year, up from 4.0 in 2019 and …
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2 minute read: As part of the Further Consolidated Appropriations Act of 2020 signed by the Trump Administration, PCORI fees were extended through September 30, 2029. Employers should keep a …
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3 minute read: The passage and implementation of Assembly Bill 5 (“AB5”) in California has become a reckoning for employers who engage with large numbers of independent contractors and has …
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Affordable Care Act
California Health Exchange Welcomes New Enrollees Thanks to Individual Mandate
by Robert Sheenby Robert Sheen2 minute read: As California finalizes its initial open enrollment results, the data shows the state’s Individual Mandate played a part in the higher turnout. According to Covered California, the …
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Affordable Care Act
ACA Paper Filing Submissions are Due to the IRS Today
by Robert Sheenby Robert Sheen2 minute read: Today is the IRS deadline for employers to provide paper filings of forms 1094-C and 1095-C to the IRS for the 2019 tax year as required by …
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Affordable Care Act
No Statute of Limitations on Assessment of Employer Shared Responsibility Payment
by Robert Sheenby Robert Sheen2 minute read: The IRS Office of the Chief Counsel issued new field advice on February 24, 2020 (“Field Notice”) making it clear that there is no statute of limitations …
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3 minute read: Every year Applicable Large Employers (“ALEs”) must file Forms 1094-C and 1095-C with the IRS and furnish Forms 1095-C to employees considered full-time under the Affordable Care …
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ACA ComplianceAffordable Care Act
Why Monthly ACA Compliance is Critical for Avoiding IRS Penalties
by Robert Sheenby Robert Sheen2 minute read: With the IRS expected to continue to ramp up enforcement of the ACA’s Employer Mandate this year, employers should recognize the importance of a monthly ACA compliance …
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Affordable Care ActPremium Tax Credit
Proposed CMS Rule Could Reduce Number of Premium Tax Credits
by Robert Sheenby Robert Sheen2 minute read: The Centers for Medicare and Medicaid (CMS) has proposed a rule that would ensure that the agency doesn’t wrongfully provide health insurance subsidies, or Premium Tax Credits …
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3 minute read: Several states and the District of Columbia are taking pains to make sure the Individual Mandate under the Patient and Protection and Affordable Care Act (“ACA”) is …
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Affordable Care Act
Mark These 2020 Dates for 2019 ACA Reporting (UPDATE)
by Robert Sheenby Robert Sheen3 minute read: Every year, the IRS requires employers to submit important ACA information to the agency and their employees. Here are some important dates to keep in mind for …
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2 minute read: The 2020 open enrollment results for individuals enrolling through the Healthcare.gov platform are in, and the results indicate a strong and stabilizing health care system. A report …
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ACA ComplianceAffordable Care Act
When Choosing an ACA Vendor, Make Sure They’re SOC II Compliant
by Robert Sheenby Robert Sheen2 minute read: Who do you trust with your data? The large-scale data breaches of the 2010s saw companies ask the question of whether their network security was sufficient to …
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3 minute read: On its face, Assembly Bill 5 (“AB5”) codifies a seemingly straight-forward analysis for employers to determine if their workers are 1) employees, or 2) independent contractors. This …