Welcome to Compliance Friday Answers to the Service Team (FAST)!  Each Friday we publish our response to a question that the Newfront Compliance Team received from a client or member of the EB Service Team.  These represent the most frequently asked or interesting questions we see.

These FAQs are posted to Newfront Compliance. The titles below link directly to each post.  We hope you enjoy this collection of our FAST responses!

ACA

September 20, 2021 Covid Vaccine Premium Incentives and Surcharges June 24, 2021 The ACA and CAA Patient Protections April 29, 2021 Health Plan Elections Upon Rehire or Return from Leave February 18, 2021 ACA First Day of the Fourth Full Calendar Month Rule February 4, 2021 Responding to IRS Letter 226J December 18, 2020 ACA Reporting Penalties December 11, 2020 ACA Reporting and COBRA October 9, 2020 ACA and HIPAA Excepted Benefits September 25, 2020 Key Decisions in ACA Reporting Setup: Part IV (The Other Decision Points) September 18, 2020 Key Decisions in ACA Reporting Setup: Part III (The Measurement, Administrative, and Stability Periods) September 11, 2020 Key Decisions in ACA Reporting Setup: Part II (Affordability Safe Harbor) September 4, 2020 Key Decisions in ACA Reporting Setup: Part I (The Measurement Method) July 10, 2020 Health Coverage for Employees on Military Leave June 26, 2020 The ACA Exchange Notice May 1, 2020 Providing SBCs to Employees March 18, 2020 Effect of COVID-19 Related Reduction of Hours, Furloughs, Layoff Pay and Premium Shortfalls on Health Benefits February 21, 2020 ACA Essential Health Benefits October 4, 2019 Potential ACA Employer Mandate Penalties for Late Offer of Coverage to New Full-Time Hire September 13, 2019 ACA Grandfathered Plan Status September 6, 2019 ACA Employer Mandate and Reporting Rules When Acquiring a Non-ALE July 26, 2019 Loss of Health Plan Eligibility Caused by Move to Part-Time Work June 28, 2019 How the ACA Applies to Contingent Workers June 14, 2019 How ACA Affects Flex Credits June 7, 2019 ACA Employer Mandate and Outside Staffing Firms May 31, 2019 Common Summer Intern Approaches under the ACA April 19, 2019 ACA Status for New Full-Time Hires in the Gap Period April 12, 2019 Post-Age 26 Coverage for Disabled Children March 15, 2019 ACA Change in Employment Status March 8, 2019 ACA Age 26 Mandate January 25, 2019 Streamlined ACA Reporting Methods October 26, 2018 Becoming an ALE Subject to the ACA Employer Mandate October 5, 2018 When to Appeal Covered California Employer Notices September 21, 2018 MLR Rebates June 1, 2018 Leave Rules under the ACA Look-Back Measurement Method April 7, 2018 Opt-out Credits for Temps/Interns December 15, 2017 Part-Time to Full-Time Employees: When to Offer Coverage? December 1, 2017 ACA Form W-2 Cost of Coverage Reporting October 20, 2017 ACA Pay or Play Rules Applicability to Independent Contractors September 22, 2017 New Hire Bona Fide Orientation Period Interaction with ACA Pay or Play May 12, 2017 How the ACA Employer Mandate Pay or Play Rules Apply to Summer Interns

COBRA

February 25, 2021 The Medicare Enrollment COBRA Extension July 10, 2020 Health Coverage for Employees on Military Leave June 12, 2020 How COBRA and Medicare Interact for Retirees May 15, 2020 COBRA Second Qualifying Event March 18, 2020 Effect of COVID-19 Related Reduction of Hours, Furloughs, Layoff Pay and Premium Shortfalls on Health Benefits March 13, 2020 COBRA for Infertility HRAs and other Specialty HRAs January 31, 2020 COBRA 12-Month Determination Period November 1, 2019 Early Termination of COBRA Upon Enrollment in Other Group Health Plan or Medicare October 18, 2019 COBRA Small Employer Exception September 20, 2019 Enrolling New Dependents and Changing Plan Options Under COBRA March 29, 2019 Plan Options under COBRA March 1, 2019 COBRA for Domestic Partners February 8, 2019 Late COBRA Election or Payment Exceptions December 15, 2018 Terminating Health Benefits for Employees on Disability Leave November 9, 2018 Open Enrollment Rights for FMLA Leaves and COBRA Participants September 28, 2018 Failure to Timely Provide COBRA Election Notice June 22, 2018 COBRA Disability Extension May 18, 2018 Legal Separation vs. Divorce August 18, 2017 COBRA Initial Notice Requirements August 4, 2017 COBRA Merger and Acquisition Rules for Stock and Asset Deals July 28, 2017 No Special Enrollment in Group Health Plan after COBRA Subsidy Ends July 21, 2017 Health Plan Consequences of Late Employee Divorce Notification July 7, 2017 Best Practices for COBRA Subsidies and COBRA Reimbursement Practices June 23, 2017 Terminated Employees not Terminated from Coverage June 16, 2017 Removal of Spouse from Health Plan in Anticipation of Divorce April 14, 2017 USERRA Continuation Coverage and Heart Act FSA Distributions for Reservists

Domestic Partners

November 13, 2020 HSAs and Domestic Partners February 28, 2020 Registered Domestic Partners and Company Defined Domestic Partners March 1, 2019 COBRA for Domestic Partners January 11, 2019 Mid-Year Enrollment of a Domestic Partner July 13, 2018 Tax Consequences of Domestic Partner Health Coverage

ERISA

August 2, 2021 The 2022 Required Annual Notices to Employees July 29, 2021 Employer Responsibilities Upon Receipt of a NMSN July 8, 2021 The CAA Mental Health Parity Comparative Analysis Requirement January 22, 2021 ERISA Payroll Practice Exception for Disability Benefits January 8, 2021 2021 EB Compliance Guides August 28, 2020 The Required Annual Notices to Employees August 7, 2020 Adding a New EIN to the Health Plan April 3, 2020 Short Plan Year Considerations February 7, 2020 Severance Benefits May be Subject to ERISA May 3, 2019 ERISA Preemption of State Insurance Mandates April 26, 2019 Employers Should Not Reimburse Medical Expenses Outside of the Plan December 7, 2018 Health Plan Eligibility for Legal Guardianship Children November 2, 2018 Form 5500 Small Plan Exemption July 27, 2019 Waiting Period Exceptions May 18, 2018 Legal Separation vs. Divorce January 26, 2018 ERISA Preemption of State Court Orders January 12, 2018 Distribution Timing Rules for SPDs and SMMs November 3, 2017 Record Retention Best Practices for Employee Benefit Records October 27, 2017 Spousal Surcharges and Incentives for Spouses Not to Participate October 13, 2017 ERISA Electronic Disclosure Rules May 5, 2017 Qualified Medical Child Support Order (QMCSO) Enrollment Rules and Timing April 7, 2017 Why Parents Not Eligible for Group Health Coverage

Fringe Benefits

August 30, 2021 Commuter Accounts When Expenses Dry Up August 23, 2021 Lifestyle Spending Account (LSA) Compliance Considerations June 10, 2021 Employer Tax-Free Student Loan Repayment Available Through 2025 June 3, 2021 Bay Area Commuter Benefits Program Telework Option February 11, 2021 Taxation of Disability Benefits April 10, 2020 Group-Term Life §79 Imputed Income December 13, 2019 Medical and Non-Medical Lactation Expenses October 11, 2019 Group-Term Life Insurance §79 Nondiscrimination Rules September 27, 2019 Taxation of Wellness Program Gift Cards August 30, 2019 Taxation of Gym Reimbursement Arrangements July 19, 2019 Employer Commuter Benefit Subsidies July 20, 2018 Monthly Commuter Benefit Election Changes May 4, 2018 Tuition Reimbursement Programs March 23, 2018 Final Paycheck Issues March 10, 2018 Uber and Lyft Qualification for Commuter Benefits February 2, 2018 Bay Area Commuter Benefits Program November 10, 2017 Tax-Free Bicycle Commuting Expense Reimbursement (Eliminated by TCJA) April 28, 2017 Required Forfeiture of Commuter Benefits after Termination from Employment

HIPPA

September 20, 2021 Covid Vaccine Premium Incentives and Surcharges August 2, 2021 The 2022 Required Annual Notices to Employees May 6, 2021 De-Identified HIPAA PHI October 16, 2020 HIPAA Breach Notifications for Employers October 9, 2020 ACA and HIPAA Excepted Benefits June 5, 2020 When is HIPAA Training Required? April 17, 2020 Disclosing PHI to Family Members Under HIPAA March 22, 2019 When is a HIPAA BAA Required October 12, 2018 HIPAA Notice of Privacy Practices September 14, 2018 Documenting Prior Coverage after HIPAA Certs July 6, 2018 HIPAA Privacy and Private Workspaces January 19, 2018 HIPAA Special Enrollment Events

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HRAs

March 18, 2021 ICHRA Top Three Changes Needed for Prime Time March 13, 2020 COBRA for Infertility HRAs and other Specialty HRAs August 23, 2019 §105(H) Nondiscrimination Rules for Specialty HRAs August 9, 2019 Common Infertility HRA Expenses August 25, 2017 Infertility HRA Considerations

HSAs

April 15, 2021 The Combination Health FSA April 6, 2021 Correcting Excess HSA Contributions December 4, 2020 HSAs and Family Members November 20, 2020 The HSA Shoebox Rule November 13, 2020 HSAs and Domestic Partners November 6, 2020 Employer HSA Contributions October 4, 2020 Using an HSA for Non-Medical Expenses July 31, 2020 HSA Mistaken Contributions July 17, 2020 The HSA Proportional Contribution Limit April 24, 2020 HSA Form W-2 Reporting March 27, 2020 HSA Distributions for Premium Expenses March 6, 2020 Employee HSA Rollovers and Transfers January 10, 2020 HSA Catch-Up Contributions December 6, 2019 When is an HSA Established November 22, 2019 What Happens to an HSA Upon Death November 15, 2019 How Medicare Affects HSA Eligibility November 8, 2019 Special HSA Contribution Limit for Spouses June 22, 2019 California and New Jersey HSA State Income Tax May 24, 2019 Health FSA Carryover and Grace Period Affect HSA Eligibility February 15, 2019 HSA Contribution Election Changes November 13, 2018 HSAs for Veterans August 24, 2018 Excess HSA Contributions August 17, 2018 Employee HSA Front Loading August 10, 2018 Employer HSA Contributions During Protected Leave August 3, 2018 Employee Fails to Establish HSA June 15, 2018 HSA Limit for Partial-Year Family Coverage April 13, 2018 Prior – Year HSA Contribution by Tax Deadline March 16, 2018 HSA Eligibility and New State Male Contraception Mandates January 5, 2018 HSA Nondiscrimination Rules (Section 125 or Comparability) September 15, 2017 HSA Contribution Timing Requirements March 24, 2017 How HSA Eligibility is Affected by an Employee’s or Spouse’s Health FSA March 17, 2017 The HSA Last Month (Full Contribution) Rule for Mid-Year HDHP Enrollment

Leaves & PTO

April 29, 2021 Health Plan Elections Upon Rehire or Return from Leave July 10, 2020 Health Coverage for Employees on Military Leave March 18, 2020 Effect of COVID-19 Related Reduction of Hours, Furloughs, Layoff Pay and Premium Shortfalls on Health Benefits December 15, 2018 Terminating Health Benefits for Employees on Disability Leave November 9, 2018 Open Enrollment Rights for FMLA Leaves and COBRA Participants October 19, 2018 Late Health Plan Payments while on FMLA Leave May 26, 2017 Health Benefits During Protected and Non-Protected Leaves of Absence April 21, 2017 Unlimited PTO Policy Interaction with Disability Benefits

Medicare

August 2, 2021 The 2022 Required Annual Notices to Employees February 25, 2021 The Medicare Enrollment COBRA Extension June 12, 2020 How COBRA and Medicare Interact for Retirees November 15, 2019 How Medicare Affects HSA Eligibility November 1, 2019 Early Termination of COBRA Upon Enrollment in Other Group Health Plan or Medicare October 25, 2019 Medicare Secondary Payer Employer Size Requirements September 1, 2017 Medicare Considerations for Retiring Employees August 11, 2017 MSP Prohibition of Incentives for Active Employees to Enroll in Medicare

MEWAs

August 7, 2020 Adding a New EIN to the Health Plan April 5, 2019 Independent Contractors and Employee Benefits June 9, 2017 Proceed with Caution Before Considering Board Member Health Plan Eligibility

Section 125 - Health FSAs

April 15, 2021 The Combination Health FSA August 21, 2020 When FSA Expenses Are Incurred July 10, 2020 Health Coverage for Employees on Military Leave May 22, 2020 The $550 Carryover vs. the Grace Period December 13, 2019 Medical and Non-Medical Lactation Expenses June 14, 2019 How ACA Affects Flex Credits May 24, 2019 Health FSA Carryover and Grace Period Affect HSA Eligibility February 22, 2019 FSA for Special Education February 1, 2019 Health FSA Eligibility Footprint Rule January 18, 2019 Health FSA and Dependent Care FSA for Parents December 21, 2018 Overspent Health FSA Upon Termination of Employment and Life Event November 16, 2018 Health FSA $500 Carryover Conditioned on New Plan Year Election June 29, 2018 Limited Purpose Health FSA Preventive Expenses March 23, 2018 Final Paycheck Issues February 23, 2018 No FSA Contributions from Bonus Payments February 16, 2018 S Corporation Owners September 8, 2017 Health FSA Salary Reduction Limit for Mid-Year Hires and Short Plan Years March 31, 2017 Merger and Acquisition Options for the Seller’s Health FSA March 10, 2017 What Happens to an Employee’s Health FSA Upon Termination from Employment

Section 125 - Dependent Care FSAs

March 25, 2021 Dependent Care FSA for Nanny or Family Member Home Childcare October 30, 2020 Dependent Care FSA When a Child Reaches Age 13 August 21, 2020 When FSA Expenses Are Incurred May 8, 2020 Why the Dependent Care FSA Limit is Only $5,000 January 17, 2020 Dependent Care FSA Where Spouse Works from Home or is Self-Employed August 2, 2019 Dependent Care FSA for Parents Who are Divorced, Separated or Living Apart May 17, 2019 Dependent Care FSA During Maternity Leave May 10, 2019 Dependent Care FSA during Summer Break February 22, 2019 FSA for Special Education January 18, 2019 Health FSA and DCAP for Parents June 8, 2018 Missing the Dependent Care FSA Run-Out Period March 3, 2018 Dependent Care Spend Down Provision February 9, 2018 Only HCEs Participating in the Dependent Care FSA December 22, 2017 Dependent Care FSA for Part-time Work November 17, 2017 Failing the Dependent Care FSA 55% Average Benefits Test September 29, 2017 Dependent Care FSA Contributions in Excess of $5,000 June 2, 2017 The Section 125 “Doctrine of Mistake” for Mistaken Cafeteria Plan Elections

Section 125

August 10, 2021 The Section 125 Safe Harbor from Constructive Receipt April 29, 2021 Health Plan Elections Upon Rehire or Return from Leave October 23, 2020 Passive Enrollment with Rolling Elections August 14, 2020 Changing Health Plan Elections Based on Spouse’s Different Plan Year July 24, 2020 When Mid-Year Coverage Changes Create a Mini-OE April 3, 2020 Short Plan Year Considerations February 14, 2020 Cafeteria Plan Nondiscrimination Tests January 24, 2020 Exchange-Related Permitted Election Change Events November 30, 2018 Allowing Election Changes After Open Enrollment September 7, 2018 Financial Hardship Election Change Requests May 11, 2018 Section 125 Cafeteria Plan Document Effective Date April 27, 2018 Changing the 30-Day New Hire Election Period April 20, 2018 Benefit Administration Issue Causes Miss to Open Enrollment Deadline March 30, 2018 Automatic Enrollment into Medical Plan March 23, 2018 Final Paycheck Issues January 19, 2018 HIPAA Special Enrollment Events December 29, 2017 Nondiscrimination Rules for Different Health Plan Contribution Structures December 8, 2017 Mid-Year Changes to the Employee-Share of the Premium October 6, 2017 Substantiation of Mid-Year Permitted Election Changes June 30, 2017 Post- OE but Pre-Plan Year Election Changes June 16, 2017 Removal of Spouse from Health Plan in Anticipation of Divorce May 19, 2017 Three Primary Concerns When Considering a Mid-Year Enrollment Exception April 14, 2017 USERRA Continuation Coverage and Heart Act FSA Distributions for Reservists March 3, 2017 Section 125 Election Change Rules When Spouse Relocates In or Out of Country

**State and Local Laws **

June 3, 2021 Bay Area Commuter Benefits Program Telework Option January 28, 2021 SF PPLO Existing Paid Parental Leave Policies May 29, 2020 SF HCSO Compliance in the Work-from-Home Era August 16, 2019 SF HCSO and Employees Who Waive the Health Plan July 12, 2019 SF HCSO City Option Contributions May 25, 2018 Hawaii Health Plan Requirements for Employers February 2, 2018 Bay Area Commuter Benefits Program