Additional information about: Benefits Complete Compliance
Now benefits compliance answers are just a click away...
Benefits Complete Compliance is the online management reference service that integrates all of our benefits information into one essential tool, combining fast online access to a vast library of forms, policies, reports, and step-by-step instructions with a comprehensive yet easy-reading manual prepared by leading benefits lawyers, just for benefits managers, HR professionals, employers and counsel.
Benefits Complete Compliance delivers everything you need to:
- Answer benefits policy questions from employees, supervisors, and top executives, quickly and with confidence
- Assess employee claims and make decisions that align with both your organization’s procedures and the myriad laws that regulate workplace benefits
- Avoid the legal missteps that can result in administrative fines, arbitration awards, jury verdicts and worse
- Maintain sound benefits policies in the face of changing laws and regulations, and the court decisions that interpret them
- Execute required reporting, filing, and record keeping responsibilities, without fear of oversight
- And so much more...
PLUS: You get unlimited access to the ultimate online benefits compliance library:
ERISA in General
- Plans covered by ERISA
- Section 510 claims
- Avoiding interference and retaliation claims
Disclosure and Reporting Obligations for Group Health Plans
- ERISA disclosure requirements
- Summary plan description
- Summary of material modifications
- Summary annual report
- Distribution of participant disclosures
- Who may receive documents electronically
- Materials furnished upon written request
- Materials furnished to the secretary of the DOL
- Documents available for inspection
- Penalties for failure to comply with disclosure requirements
- COBRA general, election, subsidy, unavailability and early termination notices
- HIPAA notices for preexisting condition exclusion, special enrollment notice, and privacy
- HIPAA certificate of creditable coverage
- Women’s Health and Cancer Rights Act (WHCRA) notice
- Newborns’ and Mothers’ Health Protection Act (NMHPA) disclosure
- Medicare Part D notice
- Michelle’s Law notice
- Children’s Health Insurance Program Reauthorization Act of 2009 notice
- Qualified medical child support orders procedures
- When and how to file Form 5500
- Filing deadlines and extensions
- What is reported on Form 5500
- Schedules to Form 5500
- Penalties for failure to file Form 5500
ERISA Fiduciary and Claims Procedures
- What are fiduciary duties
- Who is and isn’t a fiduciary
- Duties Under ERISA
- Prohibited transactions
- Statutory and individual exemptions to prohibited transactions
- Fiduciary liability and penalties
- Correcting fiduciary breaches or prohibited transactions
- Claims procedures
- Time period for making a claim determination
- Notice of extension of time
- Appeals procedures
- Litigation and penalties
Tax Laws and Employee Benefits
- Fringe and health benefits
- No-additional-cost services
- Qualified employee discounts
- Working condition fringe benefits
- Automobiles
- Cash payments
- Product testing
- De minimis fringe benefits
- Subsidized eating facilities
- Transportation fare
- Overtime
- Other meals
- Commuter vehicle, transit pass, parking, bicycle commuting
- Qualified moving expenses reimbursement
- Qualified retirement planning services
- Miscellaneous excludable fringe benefits
- Athletic facilities
- Lodging
- Life insurance
- Qualified employer educational assistance and tuition reduction programs
- Employee stock options
- Dependent care assistance
- Adoption assistance
- Achievement awards
- Nondiscrimination
- Valuation
- Cafeteria plans
- Reporting requirements
- Deferred compensation
Laws Related to Group Health Plans
- Group health plans overview
- Individuals who must be offered COBRA
- Qualified beneficiaries
- Qualifying events
- Maximum COBRA coverage period
- Extension of the maximum coverage period
- COBRA premiums
- Penalties for noncompliance
- COBRA subsidy
- Plans subject to HIPAA portability
- Preexisting condition exclusion limitations and notices
- Creditable coverage
- Special enrollment periods
- Nondiscrimination requirements
- Administrative simplification provisions
- Privacy and Security rules
- HIPAA Penalties
- ARRA, HIPAA and HITECH Act requirements
- Required privacy policy and procedure changes
- Mental Health Parity and Addiction Equity Act
- Exemptions
- Genetic Information Nondiscrimination Act (GINA)
- Group health plan limitations under GINA
- Newborns’ and Mothers’ Health Protection Act
- Women’s Health and Cancer Rights Act requirements, notices and prohibitions
- Medicare secondary payer rules
Continuation Coverage Requirements
- COBRA requirements
- Employers and plans subject to COBRA
- Qualified beneficiaries and events
- Coverage requirements
- COBRA premiums
- Notices and elections
- Early termination
- Extensions
- Noncompliance penalties
- Who is subject to FMLA and USERRA and requirements for health plan continuation
- Health Care Reform’s Impact on USERRA
- Who is subject to Michelle’s Law
- Michelle’s Law’s requirements
- Health care reform’s impact on Michelle’s Law
HIPAA Portability
- What employers and benefits are covered
- Benefits exempt from HIPAA
- Pre-existing conditions
- Look-back and look-forward rules
- Certificate of creditable coverage
- Special enrollment
- Nondiscrimination
- Eligibility
- Premiums and contributions
- Permissible distinctions and favoritism
- Wellness programs
- Interaction with COBRA
HIPAA Privacy and Security
- Protected health information
- Business associates
- The HIPAA privacy rule
- Permitted uses and disclosures of PHI
- Required disclosures
- Individual rights
- Notice of privacy practices
- Privacy personnel
- Workforce training and sanctions
- Data safeguards
- Complaints
- Duty to mitigate
- Retaliation and waiver
- Privacy policies and procedures
- Documentation and records retention
- Compliance timing
- The HIPAA security rule
- Risk analysis
- Implementation specifications
- Review and maintenance of security measures
- Administrative safeguards
- Security management process
- Workforce security
- Information access management
- Security awareness and training
- Security incident procedures
- Evaluation of security policies and procedures
- Physical and technical safeguards
- Workstation security
- Device and media controls
- Access control
- Audit controls
- Organizational requirements
- Policies, procedures, and documentation
- Compliance deadlines
- Breach notification
- Assessing the risk of harm
- Notification to individuals, media, HHS
- Notification by a business associate
- Electronic Data Interchange (EDI) standards
- Penalties and enforcement
Other Group Health Plan Issues
- Medicare
- Secondary payer rules
- Medicare Part D
- Subsidy details
- Creditable coverage notification
- Medicare reporting
- Data match
- MSP mandatory reporting
- QMCSOS
- “Qualified orders”
- Reasonable Procedures
- National Medical Support Notices
- Compliance with QMCSOS
- Genetic Information Nondiscrimination Act
- What genetic information is protected
- Discrimination
- Obtaining genetic information
- Inadvertent violations
- Confidentiality requirements
- Retaliation
- Restrictions on genetic information
- Penalties
- GINA’s application to wellness plans
- Health risk assessments
- Interaction with ADA, Title VII, HIPAA, state genetic discrimination laws and FMLA
- Litigation
- Self-reporting requirements
- Policies and procedures
- Mental Health Parity and Addiction Equity Act requirements
- Employee assistance plans
- Self-insured plans
- Small employer/plan exemption
- Mental health conditions and substance use disorders
- Financial rules and treatment limits
- Special rule for prescription drugs
- Increased cost exemption
- Availability of plan information
- Newborns’ and Mothers’ Health Protection Act
- When the minimum stay begins
- Exception
- Interaction with state laws
- Women’s Health and Cancer Rights Act application, notice requirements
Other Laws that Impact Benefit Plans
- Statutes prohibiting discrimination
- ADEA
- Pension/retirement plans: what is permitted and prohibited
- Equal benefits
- When benefits do not need to be equal
- Equal cost defense
- Offsets
- Long-term disability
- Severance benefits
- Special rules affecting voluntary early retirement incentives
- Social security bridging
- Normal retirement bridging
- ADA
- Equal access to benefits
- Preexisting conditions
- Exemption for benefit plans
- Bona fide plan
- Underwriting risks
- Not a subterfuge for discrimination
- Title VII
- Cost and actuarial tables not a defense
- Special impact on pregnancy
- Retirement benefits
- Health insurance benefits
- Continuation/restoration rights--FMLA
- Continuation rights for employee benefits
- Continuation of group health benefits
- Payment of premiums
- USERRA
- Benefit continuation and restoration rights
- Seniority rights
- Rights not based on seniority
- Employee pension benefit plans
Other Employer-provided Fringe Benefit Plans
- Leave-related benefits
- Worker’s compensation
- Social Security Disability benefits
- Disability income plans
- Unemployment insurance
- Severance and supplemental unemployment benefits
- Vacation
- FMLA and related leave
- Social Security
- Life insurance
- Educational and tuition assistance
- Qualified transportation fringe benefit plans
- Adoption assistance
- Dependent care assistance
- Relocation assistance
- Employer-provided meals and lodging
- Stock-based employee compensation and benefits
- Nonqualified deferred compensation programs - section 409A
Federal Health Care Reform
- Individual and employer responsibilities
- Employers that offer no coverage
- Employers that offer insufficient coverage
- Exchanges
- Grandfathered plans
- Immediate changes to group health plans
- Prohibition of rescissions
- Lifetime and annual coverage limits
- Preventive services
- Patient protections
- Emergency services
- Primary care providers
- Obstetrical and gynecological care
- Extended coverage for dependents
- Prohibition of preexisting condition exclusions for dependents under age 19
- Mental Health and Addiction Equity Act requirements
- Clinical trials
- Retiree reinsurance program
- Future changes to health plans
- Health insurance rating limits
- Guaranteed availability and renewal
- Prohibition of preexisting condition exclusions
- Prohibition on excessive waiting periods
- Prohibition of discrimination based on health status
- Wellness programs
- Taxes and penalties
- “Free choice vouchers”
- Small business exemptions and tax credits
- Tax on high-end (“Cadillac”) plans
- Minimum essential coverage
- Recordkeeping and administration issues
- Internal and external appeals processes
- Uniform explanation of coverage documents
- Automatic enrollment
- Employer notice requirements
- Employer coverage reporting
- Health insurance coverage value included on W-2s
- Other changes/issues of interest to employer-sponsored coverage
- Employer participation in an exchange
- Effects on HSAS, MSAS, FSAS, and HRAS
- CLASS Act