Winter 2019
Kushner & Company
For Your Benefit

In the ever-changing world of HR strategy and employee benefits, Kushner & Company is an acknowledged leader in the field. We provide comprehensive consulting and administrative services individualized to assure your specific strategy and benefit requirements are entirely fulfilled.
Employers who sponsor group health plans that cover any prescription drugs generally must disclose whether the plan provides creditable or non-creditable prescription drug coverage to the Centers for Medicare and Medicaid Services (CMS) within 60 days of the start of a new plan year. If your plan year begins on January 1, you must file your disclosure with CMS by March 1.
The U.S. Department of Labor (DOL) recently published an Information Letter that confirms the general preemption under ERISA of state civil laws that require employers to obtain written consent before withholding amounts from employees' wages for contribution to a benefit plan subject to ERISA. 
On December 14, 2018, a US District Judge in Texas issued a ruling that the entire ACA was unconstitutional given that the individual mandate contained in it no longer had a tax penalty, the basis of the 2012 US Supreme Court ruling upholding the ACA's constitutionality. However, employers should note that the ACA remains in full force and effect pending appeals, likely again to the US Supreme Court.
The IRS has issued Notice 2018-94, extending the due date for 1095-B and 1095-C forms to be sent to employees from January 31, 2019 until March 4, 2019. However, the Notice also points out that the regular due date for filing those same 1095-Bs and Cs with the IRS (covered by the 1094-C or 1095-C) remains the same: February 28, 2019 if filing paper copies or April 1, 2019 if filing electronically.
In a recent article published by SHRM, our President and CEO Gary Kushner was cited as the main resource on dealing with active employees and their dependents upon their reaching Medicare eligibility. Kushner mentioned many issues related to employer-based health and prescription drug benefits in both large and small employers when employees work past age 65, or who have dependents past age 65..

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Kushner & Company makes great efforts to keep you informed with the latest information on all things relating to human resources and the workplace.  To stay on top of it all, we invite you to follow us on each of the available social media outlets, including:


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Issue: 144
In This Issue
Federal Judge Rules ACA Unconstitutional in Its Entirety--But Wait
IRS Again Extends (Some) 2018 ACA Employer Filing Due Dates
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Health Care Reform

Health Care Reform


Kushner & Company is your source for information on all aspects of the ACA, as well as for all HR strategy and employee benefit information.

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Portage, MI  49024



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