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21 Aug 2015, 11:24 am by Cynthia Marcotte Stamer
As amended by ACA, federal law imposes significant penalties against plans, their fiduciaries and even the sponsoring employer if the group health plan violates the ACA out-of-pocket limit or a long list of other ACA and other federal group health rules. [read post]
21 Aug 2015, 6:07 pm by Cynthia Marcotte Stamer
Since prompt self-audit and correction can help mitigate these liabilities, business leaders should act quickly to engage experienced legal counsel for their companies for advice about how to audit their group health plan’s 2014 and 2015 compliance with the out-of-pocket limit and other federal health plan rules within the scope of attorney client privilege while managing fiduciary exposures that could result if the audit is improperly structured or conducted, as well as… [read post]
25 Jun 2015, 3:02 pm by Cynthia Marcotte Stamer
Code Section 6039D provides opportunities for businesses to reduce their excise tax exposure by self-correction or showing good faith efforts to comply with the ACA and other group health plan mandates covered by Code Section 6039D. [read post]
27 Jul 2015, 11:56 am by Cynthia Marcotte Stamer
If a business sponsored a health plan that violated the ACA claims and appeals rules or any other health plan rule subject to the Form 8928 filing requirement in 2014 or thereafter, the business should take prompt, well-documented actions to self-correct the violation or timely must file the required Form 8929 and pay the applicable $100 per violation per day excise tax since proof of good faith efforts to maintain compliance, proof of self-correction,… [read post]
3 Aug 2015, 12:07 pm by Cynthia Marcotte Stamer
Special care and scrutiny should be applied if the group health plan uses multiple service providers to help administer benefits (such as one third-party administrator for major medical coverage, a separate pharmacy benefit manager, and a separate managed behavioral health organization). [read post]
28 Sep 2015, 2:10 pm by Cynthia Marcotte Stamer
Department of Labor Wage and Hour Division (DOL) resulting from an investigation conducted as part of an ongoing, multi-year compliance initiative by the DOL targeting oil and gas industry employers in the Southwest and Northeast as part of the Obama Administration’s tough Fair Labor Standards Act (FLSA) enforcement stance against employers generally. [read post]
11 Jul 2015, 2:14 pm by Cynthia Marcotte Stamer
To resolve OCR’s charges, SMCS agreed to pay $218,400 to OCR and implement a “robust corrective action plan” to correct deficiencies in its HIPAA compliance program and practices. [read post]
18 Aug 2015, 7:52 pm by Cynthia Marcotte Stamer
  The EEOC says Magnolia’s prohibited discriminatory practices included only offering positions to certain applicants under the condition that the applicants pass a medical examination, as well as discharging or revoking job offers when it learned of or received records of prior medical conditions or current medical restrictions. [read post]
22 Mar 2016, 6:57 am by Cynthia Marcotte Stamer
The ePHI stored in the laptop included the names of research participants, dates of birth, addresses, social security numbers, diagnoses, laboratory results, medications, and medical information about potential participation in a research study. [read post]
22 Mar 2016, 6:57 am by Cynthia Marcotte Stamer
North Memorial will also train appropriate workforce members on all policies and procedures newly developed or revised pursuant to this corrective action plan. [read post]
30 Jun 2015, 2:43 pm by Cynthia Marcotte Stamer
., a member of Stamer│Chadwick │Soefje PLLC, author, pubic speaker, management policy advocate and industry thought leader with more than 27 years’ experience practicing at the forefront of employee benefits and human resources law. [read post]
19 Oct 2015, 8:46 pm by Cynthia Marcotte Stamer
The Department of Labor says these changes are needed to correct “wage stagnation” over the past 20 years. [read post]
30 Jun 2015, 10:53 am by Cynthia Marcotte Stamer
  Businesses and their leaders who have held off updating their health plan compliance and expect to delay completion of these activities until the beginning of their upcoming health plan year are likely to be in for a rude awakening, however, particularly since a much underappreciated Sarbanes-Oxley style provision of the Internal Revenue Code will require employer or other group health plan sponsors to self-report, self-assess and pay stiff excise tax penalties when filing their… [read post]