The Affordable Care Act has fouled up everything!
You want to stay current on all the changes in health care, but interpreting all the reporting requirements and new regulations have become a full-time task. Since all of this is new, there are no internal resources or experts for you to rely on. The legal complexities can be overwhelming, but you are crystal clear on the steep fines for noncompliance.
You’re not the only one overwhelmed by the new regulations.
To answer all your questions, Silberstein Insurance Group (SIG) Seminars were constructed to be a resource for high level professionals: CEOs, CFOs, HR, as well as advisors to clients, on how to maneuver through the complex landscape of health care reform while continuing to meet their financial goals for organization.
Peter Marathas, Partner in Employee Benefits, Executive Compensation & ERISA Litigation Health Care at Proskauer, brought his Boston sense of humor to outline your best strategies for compliance with employer mandates. His agenda covered:
- New Developments & Reform Mandates
- Strategies for Compliance
- Approaches to Avoid
Avoiding Health Risk Assessment Penalties
Marathas, heading up Proskauer’s Health Care Reform Task Force, educated participants of the seminar on how to avoid particularly tricky snares in complying with the Affordable Care Act and answered questions on the required documentation involved. For example, government agencies can have conflicting requirements. The U.S. Equal Employment Opportunity Commission (EEOC) sees Health Risk Assessments as a violation of the American Disabilities Act although the Department of Labor has agreed to conditional eligibility as long as it is not results-oriented, as in, altering the health plans based on the results of health surveys or fitness tests.
If you have implemented an HRA, Mr. Marathas recommended that astute HR professionals should keep watch as a recently-filed judicial case, EEOC vs Orion Energy, proceeds through the courts to learn how wellness programs tied to ACA are to be conducted. The outcome of this case, filed this August in US District Court, will determine whether steep penalties (or withholding of rewards) for not participating in a wellness program are enough to deem the program “involuntary”, and thus in violation of the Americans with Disabilities Act.
Mr. Marathas also discussed issues related to Individual Mandate Limit increases, consequences of the Hobby Lobby case, new reporting forms just released in July for determining Minimum Essential Coverage for all employers, and Pay-or-Play reporting for employers of more than 50 individuals. He then turned the seminar over to Jamie Hawkins to clarify the advantages and disadvantages of using one of the 300+ different payroll and benefits-tracking technologies on the market today.
Jamie Hawkins, an independent consultant at Benefit Technology Resources, works diligently to make sure organizations have the reporting they need in payroll and benefits technology to comply with Affordable Care Act requirements. Covering practical reporting operations, she led the audience through an explanation of how to evaluate your system and reduce the administrative burden on your HR and accounting staff.
Jamie’s good news? Most payroll providers already equip you right now with what you’ll need to remain ACA compliant. It’s simply a matter of upgrading or “switching on” those modules. Ms. Hawkins presented case studies of real technology audits, showing that people who do not have an integrated HRIS payroll system can save an average of $19 per employee per month, through technology integration and implementation.
SIG covered these compliance issues along with everything you need to know on employee benefits, including:
- How to implement a Tobacco Cessation program
- What to do if you missed the deadline to pay your organization’s PCORI Fees?
- Will your terminated employees be eligible for enrollment in the Exchange?
- Surviving a DOL Audit
- Form 1095-C Reporting
- Section 6055 and 6056 Reporting
So, if you are still feel baffled by any of these requirements, be sure to attend one of SIG’s upcoming webinars, scheduled for September 17 (Health and Welfare Plan Reporting Requirements) and October 15 (ACA & Its Impact on the Payroll/HR Practitioner).
To learn what you missed today, we’ll let you listen to this seminar’s recording at SIG University and access other seminars and webinars on healthcare, wellness, and all the updates you need to do your job!