Protecting Against Cybersecurity Threats in the Life Sciences Sector

Experts in cybersecurity agree: If you control valuable assets, including money and/or confidential information, at one point or another, your company will sustain an attack. Life Sciences companies today hold tremendous amounts of important data, and are increasingly falling victim to cyber-crime.  There are more than 1.5 million cyberattacks annually, which comes down to about three […]

Initial COBRA Notices

What is the best practice for initial COBRA notices? Question:  What are the distribution rules for the COBRA initial notice, and why is it generally sent to employees by U.S. mail instead of email? Compliance Team Answer: The initial notice is required to go to covered employees and their covered spouses within 90 days of […]

ABD Commentary – HSAs to Lead the Way After ACA

The Republican ACA repeal/replace efforts are currently stalled in Congress.  With no evident path to 50+ votes, the prospects currently look bleak for any imminent legislation. However, a number of political and policy forces still place immense pressure on the GOP to fulfill their longtime pledge to put their stamp on health care reform.  And […]

Medicare and Group Health Plans

Can employers encourage Medicare enrollment? Question:  Is there anything preventing a company from offering a Medicare Supplement Plan to employees over age 65 to encourage Medicare enrollment? Compliance Team Answer: MSP: Incentives to Opt-Out of Employer Plan Prohibited In general, the Medicare Secondary Payer (MSP) rules prohibit employer-sponsored group health plans from “taking into account” […]

Enrollment in Group Health Plan after COBRA Subsidy Ends

If an employee receives a COBRA subsidy can they defer enrollment? Question:  Our client has a new employee who is currently enrolled in COBRA subsidized by the prior employer.   The employee wants to remain on COBRA until the subsidy ends 12/21, and then enroll in the current employer’s plan.   Can the employee enroll when the […]

In the Event of a Divorce, Terminate the Ex-Spouse

Often employees neglect to inform their employer of a divorce and the ex-spouse remains covered under insurance.  What is the best way to correct this? Question:  We had an employee just notify us of a divorce that occurred six months ago.  The former spouse has been covered under the health plan for the entire period […]

Senate ACA Repeal and Replace Bill Fails

The Senate Republican effort to pass an ACA “repeal and replace” bill appears to have reached an anti-climactic conclusion.  Last night, two more GOP Senators voiced their opposition to the “Better Care Reconciliation Act” (“BCRA”), dooming the bill to failure. How Did the BCRA Fail? With a 52-member majority in the Senate, Republicans need at […]

FCA Changes at the SEC, and Impact to Ds&Os

Early this month, the House of Representatives passed the Financial Choice Act of 2017 (the “FCA”). This bill extensively amends the Dodd Frank Act that was enacted in 2010 after the financial crisis. It now goes to the Senate, where more debate and publicity will likely occur. The most significant change proposed in the FCA […]

COBRA Subsidies and Reimbursement

There are many rules regarding COBRA subsidies and reimbursement.  It is important to be aware of them. Question:  What are the rules around offering COBRA subsidies for former employees or employees on extended leave?  What about COBRA reimbursement for new hires to cover the cost of coverage through a previous employer during the waiting period? […]