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Dan Bond Compliance dashboard, LLC Dan Bond Compliance dashboard, LLC

Dan Bond Compliance dashboard, LLC - PowerPoint Presentation

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Uploaded On 2018-03-20

Dan Bond Compliance dashboard, LLC - PPT Presentation

amp Challenges Audits Compliance Under ERISA and ACA Roles and Responsibilities ACA and Compliance Highlights DOL Audit What We Will Cover wwwcompliancedashboardnet assuredpartners2 ID: 658283

audit plan compliance dol plan audit dol compliance act erisa health hipaa steps penalties aca summary benefits coverage notice

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Slide1
Slide2

Dan BondCompliancedashboard, LLC

&

Challenges

Audits

Compliance

Under ERISA and ACASlide3

Roles and ResponsibilitiesACA and Compliance Highlights

DOL Audit

What We Will CoverSlide4

www.compliancedashboard.net/assured-partners-2

Slides from today’s presentation

Resources

Marketing material

Landing PageSlide5

Compliance RolesSlide6

Compliance Cost

Plan Admin/Fiduciary

Liability

ERISA Title I

Prepare/Distribute Notices

Summary of Benefits and Coverage

Summary Annual ReportWomen’s

Health and Cancer Rights Act NoticeChildren’s

Health Insurance Program Notice

HIPAA Notice of Privacy Practices HIPAA Preex

Condition Exclusion Notice

HIPAA Special Enrollment Notice

Medicare

Part D Creditable

Coverage Notice

Notice of the Health Benefit Exchange

Patient Protections Disclosure

USERRA

Rights Notice Reporting

& Disclosure

Prepare/Distribute

Plan Documents

Plan

Summary Plan Description Summary of Material Modifications Cafeteria Plan Summary Annual Report 

Audit Plan Provisions Recordkeeping Requirements Mental Health Parity Act Subrogation Claim ProceduresPHSA MandatesPrepare Disclosure Language & Materials Qualified Medical Child Support OrdersNewborns’ and Mothers’ Health Protection Act HIPAA Nondiscrimination Grandfathered Plan Status  Prepare Forms/Report to Government Form 5500 Creditable Coverage to CMS W-2 Reporting Forms 1095 and 1095Affordable Care Act Employer Shared Responsibility Section 6055 and 6056 Reinsurance Program Payments PCORI Fees Exchange Notices Forms 1094/1095

Research and Education Working Families Tax Relief Act FMLA Continuation of Coverage On-Site Clinic ERISA Compliance ERISA Safe Harbor Delivery MethodsEmployee and Dependent Eligibility Requirements Nondiscrimination Rules (beyond HIPAA)Maintaining Grandfathered Plan Status Disclosure COBRA Administration and monitoring Participant tracking Eligibility compliance Send/document notices Bonding Requirements Every person who handles plan assets HIPAA Privacy & Security Implement/Review policies and proceduresRisk assessment/breach notification proceduresImplement/Review administrative, technical and physical safeguards Audit plan documentation Workforce training EDI Rules

Compliance CostSlide7

ERISA Fiduciary

Act

solely in

participant’s best

interest in providing plan benefits

Act in accordance with plan

docs and ERISA

ERISA Plan Administrator

Directly responsible for

compliance with administrative functions

Liable for non-compliance

Employer RolesSlide8

TPA

Contractual Liability

Insurance Company

State insurance law

Claims decisions and payments

Benefit mandates, such as PHSA

Summary of Benefits and Coverage (SBC)

Guaranteed issue/renewal

Nondiscrimination

Vendor RolesSlide9

Laws:

ERISA, COBRA, HIPAA

Range:

$110 to $2,500 per day

Liability:

ERISA

plan

administrator

PenaltiesSlide10

Excise Tax

$100 Per Person Per Day

Discovered on Audit:

Min.

$

2,50

0-$

15,000Max: 10% health costs or $500,000

DOL Actions

Civil Suit

Audit

Participant Civil Suit

Under ERISA to Enforce PHSA Mandates

ACA PenaltiesSlide11

ACA and Compliance Highlights

The LatestSlide12

1094B/1095B

March 31 to Employees

May 31 (June 30) to IRS

Cadillac Tax

Delayed to 2020

Tax is deductible

ACA ExtensionsSlide13

Shared Responsibility

ALE status based on

prior calendar

yr

Penalties for not covering dependents

Penalties for ALEs with fewer then 100

employees

Penalties if coverage

not to all but 5%

Standard rules for measurement and stability periods

HRAs

Dependents must be covered under plan

ACA Transition Relief expires in 2016Slide14

1094/1095

Failure to file a return: $250

Maximum Limit: $3,000,000

Penalty doubles if also fail to provide employee statement

Good Faith Effort

For 2015 reporting, penalties may be reduced or eliminated

ACA Penalties IncreasedSlide15

“Unlawful to discharge, fine, suspend, expel, discipline, or discriminate against a participant or beneficiary for exercising any right or interfering

with the attainment of any right to which such participant may become entitled under the

plan.”

Employer should have legitimate business reason in reclassifying employees causing loss of benefits

Did employees previously have benefits?

Does it disproportionately impact a protected class?

ERISA

510Slide16

“Employer may not in any manner retaliate against an employee

because he

or she received a

premium credit under the

ACA.”

Unclear whether

possibility of receiving premium credit applies

Requires only preponderance of evidence (51%)

Remedies include “Special Damages”Administrative process first before federal court

Employer must provide clear and convincing evidence it would have taken the same action

Whistleblower ActSlide17

Wellness Compliance Challenges

Is It a Health Plan?

Does it provide medical care?

Physicals, s

creenings, counseling, tobacco

c

essation

Or, does it only provide other services?

Educational programs, exercise programs, reimburse health club fees, written HRAsSlide18

Wellness Compliance Challenges

Laws Impacting Plan Design

HIPAA Privacy and Security

HIPAA Nondiscrimination

GINA

COBRA

ERISA

Americans with Disabilities Act (ADA)

Title VII of the Civil Rights Act

Fair Labor Standards Act (FLSA)

Internal Revenue CodeSlide19

DOL AuditSlide20

DOL Audit Steps

Initial Document Request

Employer receives letter

and possibly phone call

DOL Employee Benefits Security/Administration (EBSA)

Detailed list of documents needed

May be general in nature or target a specific issue

Slide21

DOL Audit Steps

On-Site Review and Interviews

Typically held at employer office

May request additional documents to

review

Interview one or more individuals to gather information about the planSlide22

Investigation of Fiduciary Issues

Acting in best interest of plan

participants in providing plan benefits

Prohibited transactions

Ensure plans are financially sound

Focus on employee contributions

Vendor negotiations and contracts

DOL Audit StepsSlide23

DOL Audit Steps

Investigation of Specific Laws

ERISA

HIPAA

Mental Health Parity

Newborn’s and Mothers Health

Protection

Act

Women’s Health and Cancer Rights Act

COBRA

Rules relating to Wellness Program

GINA

Affordable Care ActSlide24

DOL Audit Steps

Documentation

Plan Document

Summary Plan Description (SPD)

Written contracts for all

services

Enrollment materials and eligibility

Distribution logs

Document request procedures

Special Enrollment procedures

Claims records

Financial recordsSlide25

DOL Audit Steps

ACA

Grandfathered Status

PHSA Mandates

Claims appeals and reviews

Rescinding Coverage

Summary of Benefits and Coverage (SBC)

Notices and DisclosuresSlide26

Findings of the Investigation

If no violations: closing letter

If violations: Voluntary Compliance

Notice Letter

Lists details of violation and corrective actions

DOL Audit StepsSlide27

DOL Audit Steps

Correction and Settlement

EBSA seeks voluntary compliance

where possible

Negotiate corrective action in detailed

“Settlement Agreement”

Requires evidence of correction

Otherwise, may refer case to DOL attorneys for litigationSlide28

DOL Audit Steps

Fiduciary Violations

Mandatory 20% penalty on

amounts received for a fiduciary

breach

Includes amounts received under a settlement agreement

Generally assesses penalty in a separate letterSlide29

DOL Audit Steps

Closing Letter Following Corrections

EBSA will confirm corrective action

has been completed and penalties

paid

EBSA sends Closing Letter indicating compliance

has been achieved

See

EBSA Audit Manual

on Landing PageSlide30

DOL Audit Considerations

DOL Audit Considerations

Consider performing a pre-audit

and

self-report any violations

Hire attorney before audit begins if

want attorney-client privilege for results

Not correcting violations when discovered may

be considered a “knowing” violation for purposes

of criminal penalties and breach of fiduciary duty

Generally advisable to limit

to group that receives

or review resultsSlide31

QuestionsSlide32

www.compliancedashboard.net/assured-partners-2/

Thank You!