EBIA Weekly Newsletter

IRS Announces 2018 HSA Contribution Limits, HDHP Minimum Deductibles, and HDHP Out-of-Pocket Maximums


   May 11, 2017

Rev. Proc. 2017-37 (May 4, 2017) Available at https://www.irs.gov/pub/irs-drop/rp-17-37.pdf The IRS has released the 2018 cost-of-living adjusted limits for health savings accounts (HSAs) and high-deductible health plans (HDHPs). Here are the details: HSA Contribution Limits. The 2018 annual HSA contribution limit for individuals with self-only HDHP coverage will be $3,450 (a $50 increase … Read More


IRS Announces ACA Indexing Adjustments for Affordability and Premium Tax Credit Determinations for 2018


   May 11, 2017

Rev. Proc. 2017-36 (May 4, 2017) Available at https://www.irs.gov/pub/irs-drop/rp-17-36.pdf The IRS has announced 2018 indexing adjustments for two key percentages under the Affordable Care Act (ACA). The first percentage, which is the required contribution percentage used to determine whether employer-sponsored health coverage is “affordable” for purposes of employer shared responsibility and had increased … Read More


IRS Audit Guidelines Allow Two Interpretations of Multiple Loan Limitation


   May 11, 2017

Memorandum for Employee Plans (EP) Examinations Employees: Computation of Maximum Loan Amount under IRC § 72(p)(2)(A), TE/GE-04-0417-0016 (Apr. 20, 2017) Available at https://www.irs.gov/pub/foia/ig/spder/tege-04-0417-0016.pdf The IRS has a released a memorandum to its Employee Plans (EP) examination employees that establishes audit guidelines for computing the maximum loan amount under Code § 72(p) when certain … Read More


Fourth Circuit Agrees: Fiduciaries’ Faulty Process for Eliminating Stock Funds Did Not Cause Plan’s Losses


   May 11, 2017

Tatum v. RJR Pension Inv. Comm., 2017 WL 1531578 (4th Cir. 2017) Available at http://www.ca4.uscourts.gov/Opinions/Published/161293.P.pdf The Fourth Circuit has issued a third opinion in this long-running litigation over stock funds that were liquidated at a substantial loss. The case was brought by a 401(k) plan participant who claimed that the plan’s sponsor and … Read More


What Are the HIPAA Breach Notification Requirements Following a Ransomware Attack?


   May 11, 2017

QUESTION: Our company, which sponsors a self-insured health plan for our employees, was recently the target of a ransomware attack affecting the availability of certain health plan files. As plan administrator, do we have HIPAA breach notification obligations? ANSWER: Possibly. To determine your obligations, you will need to conduct a thorough investigation of the incident … Read More