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  • IRS Authorizes Grace Periods for Employer-Sponsored FSA Accounts ( June 2005 )

    On May 18, 2005 the IRS issued Notice 2005-42 which significantly impacts reimbursement deadlines for health care expenses under employer-sponsored flexible spending accounts (FSA's). FSAs are an employee benefit by which employees voluntarily set aside a portion of their pre-tax compensation to cover anticipated health care expenses for the following year. The IRS previously utilized a "use it or lose it rule" whereby employees automatically forfeited any unused monies remaining in their FSA accounts at the end of the plan year.
  • IRS Allows Employers to Provide Grace Period For Flexible Spending Accounts ( August 2005 )

    On May 18, 2005, the Internal Revenue Service issued Notice 2005-42 which permits employers to adopt a grace period of up to 2½ months after a plan year for participants in flexible spending accounts ("FSAs") to use FSA funds which were unused during that plan year.
  • Recent District Court Decision May Hamper Employers’ Ability to Reduce Retiree Health Care Programs for Medicare-Eligible Retirees ( May 2005 )

    In AARP v. Equal Employment Opportunity Commission, the U.S. District Court for the Eastern District of Pennsylvania blocked the EEOC from issuing a final rule that would permit employers to provide lesser retiree health benefits to retirees who are eligible for Medicare than to retirees who are not yet eligible for Medicare.
  • The HIPAA Privacy Rule: Is Your Health Plan Ready? ( March 2005 )

    HIPAA was intended to apply only to electronic records and not paper records. However, the final rule indicates that the HIPAA privacy rule applies to "all individually identifiable health information transmitted or maintained by a covered entity regardless of form."
  • Health Savings Accounts — Are They The Cure For Employers' High Medical Plan Costs? ( September 2004 )

    Employers are searching for new medical plan options to allow them to better manage runaway medical costs, which have in recent years outstripped inflation. Employers are also searching for vehicles that will force employees to become better consumers of medical services and that will permit employees to take some responsibility for their retiree medical costs.
  • EEOC Announces Relief For Employers Providing Retiree Health Benefits ( July 2004 )

    On April 22, 2004, the EEOC approved a final rule that would permit employers to provide lesser benefits to retirees who are eligible for Medicare than to retirees who are not yet eligible for Medicare. This final rule would provide employers the opportunity to maintain certain retiree health programs, such as Medicare bridge programs and Medicare carve-out programs, with reduced risk of violating the EEOC's policy on the Age Discrimination in Employment Act ("ADEA").
  • The HIPAA Hook: Medical Flexible Spending Accounts and Employee Assistance Programs Pull Fully Insured Employers into the HIPAA Privacy Compliance Net ( March 2004 )

    The popularity of medical FSAs and the prevalence of EAPs means that many employers, even those with fully-insured medical, dental, and vision plans, will need to address compliance with the HIPAA Privacy Rule before the April 14, 2004 compliance deadline. Employers who have failed to bring their medical FSA or their FSA into compliance with the HIPAA Privacy Rule may then discover a costly Achilles' heel.
  • Health FSAs Are Subject To The HIPAA Privacy Rule ( May 2003 )

    Prior to the April 14, 2003 deadline for compliance with the Health Insurance Portability and Accountability Act ("HIPAA") Privacy Rule, the U.S. Department of Health and Human Services ("DHHS") was considering whether a Health Flexible Spending Arrangement ("Health FSA"), also known as a Health Care Reimbursement Account, is a “health plan” that would need to comply with the HIPAA Privacy Rule. On April 24, 2003, DHHS announced its conclusion that, because a Health FSA is an ERISA employee welfare benefit plan that pays for medical care, it is a health plan and thus a covered entity under the HIPAA Privacy Rule. Accordingly, employers that sponsor a Health FSA will need to review the Health FSA’s compliance with the HIPAA Privacy Rule.
  • Only Three Months Until the HIPAA Privacy Compliance Deadline ( January 2003 )

    In 1996, Congress passed the Health Insurance Portability and Accountability Act ("HIPAA"). HIPAA is a comprehensive health reform act whose purpose is to improve the availability of health insurance coverage. Among other things, HIPAA facilitates the electronic transmission of patient health, administrative and financial data.
  • Considerations When Retiring From The Practice Of Medicine ( October 2000 )

    Over the next several years, thousands of physicians are expected to stop practicing medicine. Th.

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