From policy reminders to breaking news on the federal and state level, we keep our clients and partners updated on the topics that matter in healthcare, wellness and employee benefits.
Frequently Asked Questions
For companies under common ownership, is there a requirement to offer only one plan to the different companies, or can the different companies sponsor their own separate plans?
Companies under common control are considered a ‘single employer’ for purposes of ERISA, the Internal Revenue Code (IRC) and for benefit offerings. That means one plan can be offered to the employees of all of the companies under common control. That said,…Read More »
When an employee takes sick leave that isn’t covered under FMLA, how long must the employer allow the employee to stay on the health plan?
When FMLA isn’t an issue – either because the employer isn’t subject to it or because the employee isn’t eligible – there is no federal requirement to continue an employee’s health benefits while the employee is out on the non-FMLA leave. However,…Read More »
How should we maintain group health plan documentation? How long are we required to keep group health plan documents?
In general, when maintaining group health plan records, an employer must consider ERISA, HIPAA and ACA guidelines. ERISA The recommendation is to maintain ERISA related documents for eight years. Based upon DOL rulings and statute, records required to be maintained under ERISA…Read More »
What should employers consider with respect to the Summary Annual Report (SAR)? To whom and how must it be distributed, and when is it due?
The SAR is an annual summary of the latest Form 5500 for a group health plan. So, a SAR is required only where the plan is subject to Form 5500 filing requirements. If a plan isn’t required to file a Form 5500,…Read More »
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