Compliance Recap: August 2020 - Bim Group

Compliance Recap: August 2020

August was a relatively busy month in the employee benefits world.

The Congressional Research Service (CRS) released an updated report on health savings accounts (HSAs) that summarizes the principal rules governing HSAs and changes made to HSAs as a result of the COVID-19 pandemic. The Department of Health and Human Services Office for Civil Rights (OCR) issued amended guidance allowing health plans to use protected health information (PHI) to contact individuals who have recovered from COVID-19 regarding donating blood plasma.

A federal district court invalidated certain provisions of the regulations implementing the Emergency Family Medical Leave Expansion Act (EFMLEA) and the Emergency Paid Sick Leave Act (EPSLA) under the Families First Coronavirus Response Act (FFCRA). The U.S. Supreme Court announced the date for oral arguments in the court case challenging the constitutionality of the ACA.

The Small Business Administration (SBA) released frequently asked questions (FAQs) on the Paycheck Protection Program (PPP) that, among other items, addresses which group health plan costs are considered payroll costs that are eligible for loan forgiveness. President Trump issued an executive order and memoranda that provide or extend COVID-19 relief to individuals and businesses.

The Internal Revenue Service (IRS) released leave sharing plans FAQs noting that an employer may set up a leave sharing plan that permits employees to deposit leave in an employer-sponsored leave bank. The Department of Labor (DOL) released a proposed rule on fiduciary investment duties under ERISA.

UBA Updates

UBA updated, refreshed, or revised existing guidance:

Download the complete recap to read about:

  • CRS Releases an Updated HSA Report
  • OCR Issues Amended HIPAA Plasma Donation Guidance for Health Plans
  • Federal District Court Vacates Certain Provisions of the DOL FFCRA Leave Rules
  • U.S. Supreme Court Announces Date for Oral Arguments on the ACA Constitutionality Case
  • SBA Issues PPP FAQs
  • President Issues Executive Order and Memoranda on COVID-19 Relief
  • IRS Releases Leave Sharing Plans FAQs
  • DOL Releases Proposed Rule on Fiduciary Investment Duties Under ERISA
  • Question of the Month

Recent Insights

October 22, 2020
Webinar

Webinar: Group Health Plan Tasks Employers Should Complete by Plan Year-End and Open Enrollment Considerations

Tuesday, November 10, 2020 2:00 p.m. ET / 11:00 a.m. PT Register Now Join us this month for an overview of the essential group health plan tasks that should be completed by the end of the plan year and considerations for running a compliant open enrollment period. This webinar will: Provide an overview of whether […]
Read more
October 6, 2020
Affordable Care Act (PPACA), Compliance Alert, IRS

IRS Extends 2020 ACA Deadlines

( 2 MINUTE READ ) On Friday, October 2, 2020, the IRS released important guidance concerning employers’ obligations under the Affordable Care Act. IRS Notice 2020-76 applies to Internal Revenue Code (IRC) 6055 and 6056 reporting for 2020 and other ACA compliance items.  The notice extends the IRS deadline to furnish 1095-C and 1095-B forms […]
Read more
October 1, 2020
News

Compliance Questions of the Month

Question: Has the IRS extended good-faith relief when employers furnish or file incorrect or incomplete 2020 Forms 1094/1095 and extended deadlines for furnishing statements to individuals similar to relief provided in prior years? Answer: Yes. For an overview of the good-faith relief that has been extended and the extended deadlines for 2020 forms due in […]
Read more
September 23, 2020
COVID 19, EEOC

EEOC Updates Guidance Related to COVID-19 Testing

( 2 MINUTE READ ) The Equal Employment Opportunity Commission (“EEOC”) recently updated its COVID-19 Guidance Page.  The revised guidance advised that general testing administered by employers consistent with current CDC guidance will meet the ADA’s “business necessity” standard. However, in order for an employer to test only one employee, the employer should have a reasonable objective […]
Read more