EBIA Weekly Newsletter

May Our Company’s HRA Reimburse Qualifying Medical Expenses Incurred by Non-Spouse Domestic Partners?

   March 30, 2017

QUESTION: Our company maintains a health reimbursement arrangement (HRA) for eligible employees. Several HRA participants have non-spouse domestic partners. Some of these relationships are recognized as civil unions; others have no formal recognition. May we reimburse qualifying medical expenses incurred by any of these domestic partners? ANSWER: If your HRA covers tax dependents, you may … Read More

EBIA Keeps You Informed About 401(k) Plans and HIPAA 

   March 23, 2017

EBIA has breadth and depth: Employee benefits resources for employers and advisors on a broad range of topics vital to benefits compliance, and detailed expert analysis with examples, charts, practical tips, and sample documents. Here are some of the latest enhancements to our 401(k) Plans and HIPAA publications. 401(k) Plans. Are you up-to-date … Read More

HHS Encourages States to Apply for Innovation Waivers

   March 23, 2017

HHS Letter to Governors (Mar. 13, 2017); HHS News Release (Mar. 13, 2017) Letter News Release HHS has released a letter addressed to state governors highlighting the availability of innovation waivers and promoting waivers as an opportunity for states to develop innovative health care models. As background, the Affordable Care Act … Read More

IRS Updates Guidance on Premium Tax Credit Eligibility for Employee’s Spouse and Dependent Child

   March 23, 2017

Questions and Answers on the Premium Tax Credit Available at https://www.irs.gov/affordable-care-act/individuals-and-families/questions-and-answers-on-the-premium-tax-credit The IRS has provided additional guidance on eligibility for premium tax credits when coverage is offered to an employee’s spouse and dependent child under an eligible employer-sponsored health plan. As background, premium tax credits may be available to lower-income individuals who purchase … Read More

No Deferential Review Where Discretionary Authority Was Addressed in SPD But Not in Plan; Benefit Denial Overturned

   March 23, 2017

Nieves v. Prudential Ins. Co. of America, 2017 WL 168039 (D. Ariz. 2017) Available at https://www.gpo.gov/fdsys/pkg/USCOURTS-azd-2_16-cv-00768/pdf/USCOURTS-azd-2_16-cv-00768-0.pdf An employee who was working despite ongoing pain and other symptoms relating to a spinal condition and surgery was terminated in a reduction in force. The day before his termination, he was told “you’re good” when he … Read More