Play or Pay and 90 Day Waiting Period: Emerging Issues in Health Care Reform
Overview:Guidance was jointly issued by the Departments of Labor, Treasury, and Health and Human Services on two related health care reform issues, the employer shared responsibility or “play or pay” penalties and the implementation of the 90-day waiting period limitation. In less than a year, employers employing at least 50 full-time employees will be subject to the employer shared responsibility or “play or pay” penalties. If employers do not offer health coverage or do not offer affordable health coverage or coverage that provides a minimum level of value to their full-time employees, they may be subject to a tax penalty under the proposed regulations issued by the Internal Revenue Service. This guidance will help employers prepare for the significant new rules that become effective in 2014. It is essential for employers to have an understanding of the fundamental changes and requirements and to begin planning now to address these pieces of guidance.
In this LIVE Webcast, attorneys with health care industry expertise across legal areas will provide insight on the scope of the guidance, as well as some recommendations and best practices for handling these changes that are coming in 2014.
Some of the key issues that will be addressed:
- What are the employer shared responsibility or “play or pay” provisions
- How to determine whether you are a large employer subject to the rules
- How to determine full-time status of employees and dependents who must be offered coverage
- How to determine if coverage is affordable and minimum value coverage
- What are the employer liabilities and penalties
- How to identify which rules apply for existing and new employees
- Rules governing the 90-day waiting period limitation
- Summary of the 2014 Rules
- Highlights of significant rule changes including Employer Mandate, Individual Mandate and Public Exchanges
- Explanation of the No Coverage Penalty
- Description of Unaffordable/Insufficient Coverage Penalties
- Summary of the Limitation on Waiting Periods in excess of 90 days
- Discussion on Full-Time Employee (FTE)/Safe Harbors
- Definition of FTE
- Variable Hour Employee/Seasonal Employee definitions and classification of Temporary Employees
- Measurement Period/Stability Period/Administrative Period concepts
- Ongoing Employee Safe Harbor
- Special rules for New Hires
- Rehires and others with breaks in service
- Potential “problem” areas
- What Should Employers Do Next?
- Overview of key steps
- Practical examples
- Audience Q&A
Who Should Attend:
- Senior Corporate Management
- Compliance Officers
- Healthcare Service Providers
- Health Services Professionals
- Health Industry Advisors
- Health Care Law Attorneys
- Health Care Advisory Services Consultants
- Health Policy Directors
- Human Resources
- In-House Counsel & Employment Law Attorneys
- Financial Officers
- Private companies
- Public companies
- Audit Partners
Gretchen Harders is a Member of the Firm in the Employee Benefits practice at Epstein Becker Green in their New York office. Her practice includes all aspects of executive compensation and employee benefits law. Ms. Harders counsels a broad range of clients on health reform, employee benefits, executive compensation, tax-qualified and non-qualified plans, 401(k) plans, deferred compensation, executive incentive compensation plans, executive employment and severance agreements, Section 409A compliance, equity-based compensation plans, multiemployer plans and health and welfare plans and trusts. Ms. Harders frequently speaks and authors articles regarding emerging trends and issues in employee benefits.
Gretchen Harders is a Member of the Firm in the Employee Benefits practice at Epstein Becker Green in their New …
Nicole D. Bogard is a partner in the Atlanta office of Seyfarth Shaw LLP, a full service law firm of over 800 lawyers across 10 offices, handling issues for clients in all key areas including employee benefits, labor and employment, litigation, commercial litigation, real estate, securities litigation, trade secrets, trusts and estates, and workouts and bankruptcy, among others. A member of the firm’s Employee Benefits & Executive Compensation Department, Ms. Bogard focuses her practice on health and welfare plans. She brings significant experience representing clients with matters before the Internal Revenue Service, the Department of Labor, and the Department of Health and Human Services. She represents employers on health and welfare employee benefit compliance, including the Health Care Reform Act, COBRA administration, special enrollment rights, HRAs, HSAs and self-funded group health plans. Ms. Bogard has been an instructor for the American Society of Employers and frequently speaks at educational seminars for clients and professional organizations on a variety of benefit issues.
Nicole D. Bogard is a partner in the Atlanta office of Seyfarth Shaw LLP, a full service law firm of …
Sarah Bassler Millar is a Partner and Vice-Chair in the national Employee Benefits & Executive Compensation Practice Group. She counsels clients on a range of employee benefits and executive compensation matters, including tax-qualified retirement plans, health and welfare benefits, and non-qualified plans. Examples of Sarah’s extensive experience and legal talent include: counseling private and public employers on benefit plan design, implementation and administration; assisting client organizations in developing strategies related to the impact of health care reform; and advising client companies on ERISA’s fiduciary requirements.
Sarah Bassler Millar is a Partner and Vice-Chair in the national Employee Benefits & Executive Compensation Practice Group. She counsels …
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About Epstein Becker & Green, P.C
Epstein Becker & Green, P.C., founded in 1973, is a national law firm with approximately 300 lawyers practicing in 11 offices, in Atlanta, Boston, Chicago, Houston, Indianapolis, Los Angeles, New York, Newark, San Francisco, Stamford, and Washington, D.C. The firm is uncompromising in its pursuit of legal excellence and client service in its areas of practice: Health Care and Life Sciences, Labor and Employment, Litigation, Corporate Services, and Employee Benefits. Epstein Becker Green was founded to serve the health care industry and has been at the forefront of health care legal developments since 1973. The firm is also proud to be a trusted advisor to clients in the financial services and hospitality industries, among others, representing entities from startups to Fortune 100 companies. Our commitment to these practices and industries reflects the founders' belief in focused proficiency paired with seasoned experience. For more information, visit www.ebglaw.com.
About Seyfarth Shaw LLP
With more than 800 lawyers across 11 offices, Seyfarth Shaw handles issues for clients in all key areas including employee benefits, labor and employment, litigation, and corporate, among others. Clients range from Fortune 100 to midsize companies, and include publicly traded and privately held companies and various types of funds. Recently, BTI Consulting Group recognized Seyfarth as one of the nation’s five best law firms for client service in its 2013 BTI Client Service A-Team Report, which ranks firms based only on client feedback that serve the Fortune 1000. In addition, Seyfarth was honored in November 2012 by the Financial Times with a No. 7 ranking in the FT Law 25 index of innovative law firms, rising two spots from 2011. The recognition reflects the ongoing efforts of the firm's leadership, partnership and staff to drive quality and efficiency in the delivery of client service.
About Drinker Biddle & Reath LLP
Drinker Biddle & Reath LLP is a national law firm with 650 lawyers in 11 offices providing client service in areas such as corporate and securities, commercial litigation, communications litigation, corporate restructuring, employee benefits and executive compensation, environment and energy, government and regulatory affairs, health care, insurance coverage, intellectual property, investment management, labor and employment, life insurance and annuities, products liability and mass tort litigation, private client services, and real estate.