IRS provides guidance on various Letters 227

The IRS has provided guidance on the various Letters 227, which are acknowledgement letters sent to employers regarding the employer shared responsibility payment (ESRP). There are five different 227 letters. ESRP. The ESRP rules apply only to applicable large employers (ALEs), which are generally employers that had an average of 50 or more full-time employees […]

States’ motion to intervene granted in case challenging the ACA’s constitutionality

The District Court of the Northern District of Texas granted the motion of seventeen states to intervene as defendants in a challenge to the constitutionality of the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148) brought by nineteen states and three individuals. The plaintiffs, led by the state of Texas, seek a declaratory judgment […]

IRS updates premium tax credit table, required contribution percentage

The IRS has updated the applicable percentage table used to calculate an individual’s premium tax credit and required contribution percentage for plan years beginning after 2019. The percentage is used to determine whether an individual is eligible for affordable employer-sponsored minimum essential coverage; the percentage is used to determine whether an individual is eligible for […]

Insurer’s payment of reduced benefits not a fiduciary breach

An insurer did not breach any fiduciary duty it may have had under ERISA when it paid an insured’s widow $150,000 in life insurance benefits instead of the full $300,000 in coverage for which the insured had paid premiums, the U.S. Court of Appeals for the Fourth Circuit held. The reduced benefits were the result […]

Transferred postmaster who failed to return from leave loses on FMLA, Title VII, and disability claims

Granting summary judgment against a postmaster’s claims of sex discrimination and retaliation under Title VII, FMLA interference, and failure to accommodate or disparate treatment under the ADA and Rehab Act, a federal district court in Minnesota found that the postmaster failed to exhaust her administrative remedies as to her Title VII claims, but that she […]

Injured worker who could not do physical labor can’t revive ADA, FMLA claims

Although an injured worker was denied his requested accommodation for a workplace shoulder injury—that he be provided a driver—and claimed he was constructively discharged, the Third Circuit refused, in an unpublished opinion, to revive his ADA and FMLA claims, along with analogous state law claims. The Third Circuit U.S. Court of Appeals affirmed dismissal of […]

Annual health care costs for a typical American family of four climbs to $28,166

In 2018, the cost of health care for a typical American family of four covered by an average employer-sponsored preferred provider organization (PPO) plan is $28,166, according to the 2018 Milliman Medical Index (MMI). This is an increase of $1,222 from 2017 to 2018. Milliman noted that for more than 10 years now, the MMI […]

Terminating diabetic employee for abandoning call center post was not discriminatory

A hospital employee suffering from diabetes and migraines, but with a history of performance and disciplinary issues, did not present genuine issues of material fact to support her contention that her termination for abandoning her call center post was pretextual, a federal court in Pennsylvania held. The court granted summary judgment to Temple University Health […]

Number of uninsured rising thanks to inaction under ACA

The number of individuals lacking health care coverage has risen, due in large part to the federal government’s action and inaction regarding the Patient Protection and Affordable Care Act (ACA), according to a recent report from the Commonwealth Fund. The tracking survey finds that the recent decline in coverage is due in large part to […]

No private right of action to enforce HIPAA, district court rules

A patient, whose medical information was sent to an open facsimile machine of a retail store by the hospital which treated him, did not have a private right of action to enforce the Health Insurance Portability and Accountability Act (HIPAA), a federal district court in California has ruled. Because the statute does not provide a […]