The Republican leadership in the House recently proposed its ACA repeal and replace bill. It remains uncertain as to whether Republicans can secure enough support amongst themselves to pass the …
Regulations
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ACA ReformHealth Care Coverage
President Trump Proposes New Rule To Stabilize ACA Marketplace
by Robert Sheenby Robert SheenDetails on President Trump’s plans for an ACA repeal and replacement are finally coming to light. In a new proposed rule, the stabilization of the exchange is placed at the …
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ACA AuditACA ComplianceAffordable Care ActHealth Care CoverageReporting
The ACA Exchange Appeals Process
by Robert Sheenby Robert SheenThe Exchanges in the Health Insurance Marketplace have been issuing out notices to employers. Each such Notice indicates to the employer that it may be subject to penalties for failing …
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ACA ComplianceHealth Care Coverage
Uber Decision in Florida and The Gig Economy
by Robert Sheenby Robert SheenIn a recent decision within the Florida courts, Uber was victorious in a misclassification case that left Uber drivers classified as independent contractors and not employees. It speaks to the …
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ACA ComplianceIRS
The IRS Audit Process Will Force Employers to Prove Their Case or Face Penalties
by Robert Sheenby Robert SheenPost election, in December of 2016, the Internal Revenue Service (IRS) began to issue out notices to employers who may have failed to comply with the ACA. These notices appear …
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Health Care CoveragePharmaceutical
President Trump Has Some Things To Say About The Pharmaceutical Industry
by Robert Sheenby Robert SheenIn January, the pharmaceutical industry found itself in a mini-crisis following a press conference at the White House in mid-January. Just a few days following his Inauguration, Trump accused pharma …
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IRSRegulationsReporting
IRS Clarifies De Minimis Error Safe Harbor For Information Return Penalties
by Robert Sheenby Robert SheenThe IRS recently published Notice 2017-9 announcing its intent to issue regulations regarding the obligation of a payor (e.g., employer) to document payee (e.g., employee) elections for application of the …
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Affordable Care ActIRSRegulations
IRS Finalizes Regulations Adopt Intentional or Reckless Disregard of Facts Exceptions to Employee Safe Harbor
by Robert Sheenby Robert SheenThe IRS has provided clarity with regard to what qualifies as an “intentional or reckless disregard of facts” by employees when it comes to seeking shelter under the employee Premium …
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Affordable Care ActRegulationsReporting
IRS Releases Proposed Regulations For Health Insurance Provider Fees
by Robert Sheenby Robert SheenSection 9010 of the Affordable Care Act surrounds Health Insurance Provider Fees and the IRS has released some new proposed regulations for reporting information among other changes. See IRS REG-123829-16 …
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Affordable Care Act
McDonald’s and Franchisees May Need to Rethink Their Treatment of Franchise Workers
by Robert Sheenby Robert SheenMcDonald’s Corporation recently agreed to pay $3.75 million to settle an employment class action involving workers in McDonald’s franchise-operated stores. A fairness hearing is scheduled to be heard on December …
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Affordable Care ActRegulations
The Verdict On UK’s Uber Employee Classification Case Is “Groundbreaking”
by Robert Sheenby Robert SheenUber has proven to be both a gift and a curse over the years. While the mobile car service app appears to have cornered a market previously held by more …
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Affordable Care ActHealth Care CoverageRegulations
New Regulations Redefine Short-Term, Limited Duration Insurance
by Robert Sheenby Robert SheenWhile the nation was preoccupied with the 2016 Presidential Election, Congress was pushing on with more finalized regulations involving the Affordable Care Act. Last month, the Departments of the Treasury, …
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2016 Presidential ElectionACA ComplianceReporting
With Trump Election Employers Still on Hook for 2016 ACA Reporting
by Robert Sheenby Robert SheenWith the stunning election of Donald Trump as President comes a serious question of what happens to the Employer Mandate under the Affordable Care Act (ACA), also known as “Obamacare.” …
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Affordable Care ActRegulations
The Nondiscrimination Provision of the ACA: What To Know
by Robert Sheenby Robert SheenFinal rules implementing Section 1557 of the Affordable Care Act was published on May 18, 2016, and go into effect on July 18, 2016. However, any changes to applicable health …
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Affordable Care Act
A Quick Update On The ACA From The ABA’s Health and Welfare Benefit Plans National Institute
by Robert Sheenby Robert SheenOn October 6th and 7th, officials from several governmental departments—including the Treasury Department—gathered in Washington, D.C. for the American Bar Association’s (ABA) Health and Welfare Benefit Plans National Institute. Officials …
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Affordable Care ActHealth Care CoverageRegulations
News From Washington: ACA Has To Tighten Up Pediatric Dental Care
by Robert Sheenby Robert SheenWhen it comes to healthcare under the Affordable Care Act, many points of coverage can often be an afterthought. QHPs, or “qualified health plans,” are required to fulfill ten “essential …
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Employee MisclassificationRegulations
NLRB Takes A Stand In The Ongoing Misclassification Battle
by Robert Sheenby Robert SheenEmployee Misclassification continues to be an issue, as more contract employment arises and information regarding health care, hours, wages, and tax liabilities are not being met by said contractors. At …
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Affordable Care ActPenaltiesRegulations
ACA Penalties For Missing Information? Maybe Not, If You Act Responsibly
by Robert Sheenby Robert SheenAt the close of July, the IRS issued proposed regulations around the filing of forms 1094 and 1095. Under IRC 6055, certain large employers must file information returns 1094 and …
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Affordable Care ActHealth Care Coverage
Troubles With Uber And The “Gig” Economy Extend Overseas
by Robert Sheenby Robert SheenOver the past year, we’ve watched Uber go through a rollercoaster ride. It all started when drivers who at random points throughout the year exceeded a 30 hour work week, …
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Affordable Care ActMinimum Essential Coverage
Minimum Essential Coverage: Looking Ahead Toward 2016 Reporting
by Robert Sheenby Robert SheenLet’s call the details of the Affordable Care Act a work in progress, even still. Since its humble 2010 beginnings, the ACA has evolved based upon the needs of (almost) …
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Affordable Care ActPremium Tax CreditRegulationsShared Responsibility Payment
IRS Update: Premium Tax Credit And Shared Responsibility Payment
by Robert Sheenby Robert SheenNew regulations have arrived for the ACA’s Premium Tax Credit and Shared Responsibility Payment provisions. For the 2015 tax year, many employers and employees encountered difficulties with regard to the …
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Affordable Care ActHealth Care CoverageRegulations
The Nondiscrimination Provision of the ACA Comes Into Effect On July 18th
by Robert Sheenby Robert SheenSection 1557 of the Affordable Care Act was finalized on May 18, 2016, and will be coming into effect two months from that date on July 18, 2016. However, any …
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Affordable Care ActAIRPenaltiesRegulations
Demystifying “Good Faith” And “Reasonable Cause”
by Robert Sheenby Robert SheenIt was just a week ago that the IRS held their Affordable Care Act Information Returns Program (AIR) meeting, and with it came the annual publication (1586) highlighting several procedures …
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Affordable Care ActHealth Care CoveragePenalties
The 5W’s Of Employer Notices: Don’t Be Penalized
by Robert Sheenby Robert SheenIt’s notice season! As an employer, you may have received a letter regarding the health care coverage of one or more of your employees. Could this notice lead to penalties …
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ACA ComplianceAffordable Care ActLawsuits
Valve is being sued. Will there be any Steam left after this lawsuit?
by Robert Sheenby Robert SheenLast year, Uber became entangled in multiple employee misclassification lawsuits. These primarily involved individual incidents where contracted drivers exceeded the hourly threshold to be deemed “full-time” under the Affordable Care …
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Affordable Care ActHealth Insurance MarketplaceRegulations
The Health Insurance Marketplace Sent You A Notice, Now What?
by Robert Sheenby Robert SheenThis tax year, employers may notice an uptick in documents mailed, due largely to the Affordable Care Act. From tax forms to other notices, much of this paperwork is difficult …
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ACA ComplianceAffordable Care Act
The DO’s and DON’Ts Of ACA Compliance
by Robert Sheenby Robert SheenThe Affordable Care Act (ACA) has undoubtedly affected most companies and their move toward organization to address the ACA. Although more businesses may become familiar to the mandates proposed by …
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Key ACA Compliance Failures: Are they happening to you or your clients? by JT Kim, Guest Columnist ACA Compliance Exper Trusaic ACA Compliance Expert Back over a year ago when …
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Affordable Care ActApplicable Large Employer (ALE)Health Care Coverage
Are You an Applicable Large Employer?
by Robert Sheenby Robert SheenBecause an applicable large employer (ALE) is subject to the Affordable Care Act’s requirements for information reporting and the health law’s employer shared responsibility provisions, the IRS has provided a …
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Affordable Care ActRegulations
Final Regulations Issued for ACA Market Reforms
by Robert Sheenby Robert SheenIn a 379-page document, the , the Labor Department and the Department and Human Services jointly issued finalized regulations on half a dozen topics related to the Act. The regulations …
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ACA ComplianceAffordable Care ActApplicable Large Employer (ALE)Health Care CoverageMinimum Essential Coverage
How To Know If Coverage Meets ACA Requirements
by Robert Sheenby Robert SheenUnder the Affordable Care Act, employers with 50 or more full-time or full-time equivalent employees – called applicable large employers, or ALEs – are subject to the employer shared responsibility …
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As you get ready to file 2015 reports required by the Act, the Internal Revenue has released the final for submitting these reports, along with instructions for them. For reports …
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The Internal Revenue Service said it will propose a number of changes in the regulations on reports related to the Affordable Care Act. All of the proposed changes will have …
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LegislationRegulations
Misclassifying Workers Can Trigger Two Penalties
by Robert Sheenby Robert SheenEmployers are facing increased scrutiny by the Department of Labor, the and state regulators over possible misclassification employees as independent contractors or freelance workers. A DOL memo states that the …
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Affordable Care ActRegulations
Are You Subject to the Individual Mandate?
by Robert Sheenby Robert SheenThe IRS has issued an explanation of which U.S. citizens and foreign nationals are subject to the individual shared responsibility provision of the Affordable Care Act, or the “individual mandate.” …
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An increasing amount of medical care is being delivered by nurse practitioners, physician assistants and other non-physician providers, making care more widely available and helping hold down costs, according to …
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Affordable Care ActLegislationRegulations
ACA Offers Help For Informal Caregivers
by Robert Sheenby Robert SheenMillions of Americans who provide unpaid care for ill, disabled or aged family members or friends can now get help through the Affordable Care Act for their own physical and …
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Affordable Care ActLegislation
Supreme Court Rules ACA Subsidies Are Legal
by Robert Sheenby Robert SheenIn a 6-3 decision, the Supreme Court ruled on June 25th that it is legal for government subsidies under the Affordable Care Act to be available to all Americans, as …
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The Internal Revenue Service issued revised regulations regarding the Summary of Benefits and Coverage (SBC) that must be provided to those covered by health insurance plans. The SBC is intended …