What Happens to an HSA upon Death

Question:  What happens to an HSA upon the HSA holder’s death? Short Answer: The HSA will preserve its tax-advantaged HSA status if the beneficiary is a spouse, otherwise the account will lose its tax-advantaged HSA status. General Rule: HSA Designed Beneficiary HSAs permit the HSA holder to designate a beneficiary to receive the account’s funds […]

Placing a Reps & Warranties Policy on a Short Time Frame

As a former Reps & Warranties underwriter and M&A lawyer, I vividly recall (and still take part in) the rush of last-minute deal flow. Early mornings, late nights, weekends, holidays – the M&A market does not stop. From a Reps and Warranties underwriting perspective, last-minute deal success is paramount. Because Reps and Warranties underwriters are […]

How Medicare Affects HSA Eligibility

Question:  How does Medicare enrollment affect HSA eligibility? Short Answer: Individuals who enroll in any part of Medicare lose HSA eligibility, which means they cannot make or receive HSA contributions. General Rule: HSA Eligibility The general rule is that an individual must meet two requirements to be HSA-eligible (i.e., to be eligible to make or […]

The Simple Secret to Achieving Goals

“Talent is overrated; mental strength is critical.”  This is the opening quote to an interesting article by James Clear, a noted Author of the New York Times best seller Atomic Habits.  Many view top performers in the workplace, in athletics, and in life, as gifted or talented.  While talent may have something to do with success, […]

Special HSA Contribution Limit for Spouses

Question:  What is the HSA contribution limit for each spouse where both spouses are HSA eligible? Short Answer: Where at least one spouse is enrolled in family HDHP coverage, the combined HSA contributions for both spouses cannot exceed the annual family limit. General Rule: HSA Eligibility The general rule is that an individual must meet […]

How to Cultivate an Environment for Innovation

Innovation is important to every field but can be a vague and aspirational goal. Yet, it is crucial to foster this behavior for success in the fast-paced world of digital change. For example, consider a bulk marine terminal that must move product across a fixed footprint to remain a viable transportation solution.  Virtually, every industry must […]

Early Termination of COBRA Upon Enrollment in Other Group Health Plan or Medicare

Question:  How does enrollment in another employer-sponsored group health plan or Medicare affect a qualified beneficiary’s COBRA rights? Compliance Team Response:   Short Answer: COBRA generally terminates early where the qualified beneficiary first becomes covered under another group health plan or Medicare after COBRA is elected. General Rule: COBRA Maximum Coverage Period Absent an early […]

Medicare Secondary Payer Employer Size Requirements

Question:  At what size are employers subject to the Medicare Secondary Payer rules? Short Answer: The Medicare Secondary Payer rules generally apply at 20 employees for Medicare entitlement based on age, and 100 employees for Medicare entitlement based on disability. Medicare Secondary Payer Rules: General Rule The Medicare Secondary Payer (MSP) rules prohibit employer-sponsored group […]