JANUARY 2020
ACATaxes

PCORI Fee Extension

Through the spending bill, Congress extended the life of the fee for an additional ten years. As a result, the fee will continue to apply for plan years ending on or before September 30, 2029, with the last PCORI fee payment due on July 31, 2029.
Portion of Ancestry Genetic Testing Payable by Health FSA
"The stated goal of the genetic testing was to get individuals to provide genetic information to their healthcare providers.

The IRS, in a Private Letter Ruling, ruled that portions of the testing, such as genotyping and ancestry reports, are not medical care, but other services offered by the service would be considered medical care." - Reuters

No Retaliation Where Documentation Supports Job Elimination and Termination for Performance

“In a case that reiterates the importance of documentation, an employer avoided liability for an employee’s retaliation claim under the False Claims Act where it was able to demonstrate the legitimacy of its decision to eliminate her position and that she had performance issues that pre-dated her whistleblower complaint. " - Shaw Rosenthal
Flu Season is here! With the large number of reported flu and illness cases, telemedicine is providing relief to the healthcare system and reducing exposure by treating patients from the comfort of their homes.

During flu season, the nations largest telemedicine provider averages 60,000 consults per week. While wait times can be up to 2hrs during the busiest season, patients experience shorter wait times than traditional physicians offices and lower costs than ER visits.
2020 Health Plan Compliance Calendar
Employers must comply with certain filing and disclosure requirements each year in connection with their group health plans. This chart summarizes some of the key requirements and is designed to be used as a tool to help facilitate annual compliance.
Price Transparency: Final Rule for Hospitals and Proposed Rule for Health Plans
"While several states already have price transparency mandates in place, hospitals -- and soon, plans -- will be required to ensure their disclosures are consistent with the new federal requirements. "

- Foley & Lardner LLP


DOL
No Magic Words Needed in
Employee Requests for Leave That Might Be Protected By FMLA

“A terminated employee may proceed with his Family
Medical Leave Act (FMLA) retaliation claim even though
he never specifically requested leave under that statute,
a Maine federal court has ruled. ” - Jackson Lewis PA
Set Yourself Up for Success
According to U.S. News & World Report, 80% of New Year’s resolutions fail. That’s why it’s so important to set yourself up for success when you’re choosing a resolution.

Regardless of what you choose as your New Year’s resolution, make sure it is a "SMART" goal—one that is specific, measurable, attainable, realistic and timely—to increase the odds that you will stick to it.
Benefits & HR Webinars
Employee Handbooks: Best Practices for a Proactive Organization
February 20, 2020 at 2pm EST

Cafeteria Plan Election Change Rules
March 19, 2020 at 2pm EST

Hidden Pitfalls Under the FMLA
April 16, 2020 at 2pm EST
The information in this newsletter is based on 44North's review of employee benefit-related legislation and is not intended to impart legal advice. Interpretations of legislation vary and efforts will be made to present accurate information. This overview is intended as an educational tool only and does not replace a more rigorous review of the law's applicability to individual circumstances and attendant legal counsel and should not be relied upon as legal or compliance advice.
Questions or comments? Please email us at skline@44n.com .