Forsite Benefits - Blog #ComplianceForsite Benefits - Blog #Compliancehttps://www.forsitebenefits.com/blogs/tag/complianceSat, 20 Dec 2025 17:41:33 -0800http://zoho.com/sites/<![CDATA[March 2022 HR Newsletter]]>https://www.forsitebenefits.com/blogs/post/march-2022-hr-newsletter
Understanding the Value of a Learning Culture
Benefits Offerings to Avoid the Great Resignation
FAQs on No Surprises Act Dispute Resolution
8 Ways to Bring Empathy to the Workplace

Understanding the Value of a Learning Culture​

As employers evaluate how to combat today’s attraction and retention challenges, learning and development (L&D) efforts are a great way for organizations to find and keep employees. Research found that the majority of employees would stay at an organization longer if they felt the employer was invested in their careers.

                                

An authentic learning culture supports a growth mindset, an independent pursuit of knowledge and open sharing of that knowledge with others. This type of culture supports employees’ desires to continually learn and build their careers. And in addition to being a powerful recruitment and retention tool for organizations, a learning culture has the potential to impact workplaces by closing skill gaps, increasing innovation and boosting productivity.

                                

Creating a Culture of Learning

Developing a learning and positive company culture takes time and dedication. Consider the following ways employers can build or reinforce a workplace culture of learning:

  • Personalize learning plans to help guide employees on their learning journeys to make learning efforts relevant, and design these plans to support employees’ long-term career goals.
  • Appreciate the value of learning regularly by focusing on how employees apply their newfound knowledge versus simply what was accomplished.
  • Conduct assessments and behavioral interviews to gauge if candidates are lifelong learners and likely to contribute to a learning culture. 
  • Personalize learning plans to help guide employees on their learning journeys to make learning efforts relevant, and design these plans to support employees’ long-term career goals.
  • Appreciate the value of learning regularly by focusing on how employees apply their newfound knowledge versus simply what was accomplished.
  • Conduct assessments and behavioral interviews to gauge if candidates are lifelong learners and likely to contribute to a learning culture. 


A culture of learning requires ongoing attention and effort from organizational leaders and managers, but can be an investment in employees—and the organization.

Benefits Offerings to Avoid the Great Resignation​

Employees are walking away from their employers in record numbers; some are calling it the “Great Resignation.” A Prudential survey conducted toward the end of 2021 found that 46% of workers were actively seeking or considering finding a new job, and labor statistics backed those findings. According to the U.S. Labor Department, approximately 4.5 million workers quit their jobs in November 2021, setting a new record.

                                

This might appear like welcome news for employers looking to hire—greater unemployment means more potential job candidates. However, confoundingly, there were still around 1.5 available jobs for each unemployed person near the end of 2021, according to USA Today. And, for the last six months of the year, job openings posted by employers topped 10 million, according to the U.S. Labor Department.

                                

This information helps illustrate the key problem employers face right now: Workers are willing to quit jobs—and turn down open positions—that don’t satisfy their needs. Expanding employee benefits offerings is one of the best ways employers can show they provide workers with more than just a paycheck. The following are some of the most attractive perks employers are using to strengthen their attraction and retention efforts:

  • Affordable health plan options
  • Retirement benefits
  • Flexible working conditions
  • Personalized well-being resources


Loop Your Communication and Resources Together with Forsite EXP >>

Forsite EXP is the ultimate employee experience & wellbeing platform. This customizable app helps employers reach employees on their smartphone with important company updates and healthcare education, and provides benefits support as they navigate unique healthcare needs.


   LEARN MORE ABOUT FORSITE EXP >>        

Agencies Issue FAQs on No Surprises Act Dispute Resolution​

The Departments of Labor (DOL), Health and Human Services (HHS) and the Treasury (Departments) issued FAQs to provide more guidance on the Federal Independent Dispute Resolution (IDR) Process under the No Surprises Act (NSA), enacted as part of the Consolidated Appropriations Act, 2021 (CAA).

                                                                                                                                                                                                                                                                

These FAQs address:

  • IDR entity qualifications and the application process;
  • Fees; and
  • The Federal IDR Process

                                                                                                                                                                                                                                                                

The NSA prohibits “surprise billing,” or instances in which an individual receives an unexpected bill after obtaining items and services from an out-of-network provider or facility, when the individual did not have the opportunity to select a facility or provider covered by their health insurance network (such as during a medical emergency). The NSA provides for a Federal IDR Process to resolve payment disputes after unsuccessful negotiation, where a certified IDR entity will review the specifics of the case and services received and determine the final payment amount.

                                                                                                                                                                                                                                                                

The Departments previously issued guidance on the Federal IDR Process in the form of a Process Guide. This guide provides information for certified IDR entities on various aspects of the Federal IDR Process. It includes information on how the parties to a payment dispute may initiate the Federal IDR Process, as well as the requirements of the Federal IDR Process, including the requirements that certified IDR entities must follow in making a payment determination.

8 Ways to Bring Empathy to the Workplace​

The more meaningful resources an employer offers, the more the employee is likely – AND ABLE – to stay. 


Understanding and introducing empathy into your workforce can have a great return. Read 8 Ways to Bring Empathy to the Workplace >>, focus on one and measure its impact on your organization and your people. 

The content herein is provided for general information purposes only, and does not constitute legal, tax, or other advice or opinions on any matters. This information has been taken from sources which we believe to be reliable, but there is no guarantee as to its accuracy.

Copyright © 2020 HR 360, Inc. All rights reserved.

]]>Thu, 03 Mar 2022 09:34:46 -0600<![CDATA[February 2022 HR Newsletter]]>https://www.forsitebenefits.com/blogs/post/february-2022-hr-newsletter
OSHA Withdraws COVID-19 ETS
3 Hybrid Work Model Mistakes to Avoid
3 Strategies for Reducing Benefits Costs in 2022
5 Must-Do's for Employee Orientation

OSHA Withdraws COVID-19 ETS, but Not the Proposed Permanent Rule​​​​​​​​​​​

On Jan. 25, 2022, OSHA provided notice that it is withdrawing its COVID-19 vaccination and weekly testing emergency temporary standard (ETS). The withdrawal will be effective once the notice is published in the Federal Register. The expected publication date is Jan. 26, 2022.

 

The ETS was adopted to protect unvaccinated employees working for employers with 100 or more employees from the risk of contracting COVID-19. This ETS required employers to adopt either a mandatory vaccination policy or a weekly testing and face-covering policy for all employees. When the ETS was published, OSHA also stated it was using the ETS as a proposed rule. OSHA is required by federal law to publish and accept public commentary on proposed rules before promulgating a new permanent occupational safety and health standard.

 

OSHA’s Withdrawal

On Jan. 13, 2022, the Supreme Court of the United States (SCOTUS) stayed the vaccination and testing ETS. Because of this ruling, OSHA is withdrawing the ETS as an enforceable ETS. However, the agency is not withdrawing the ETS as a proposed permanent rule, and the standard rule-making process will continue.

 

Impact on State Plans and Employers

States with OSHA-approved plans must implement and enforce workplace standards that are at least as effective as federal standards. However, since there are no new federal vaccination or testing requirements at this time, state plans are not required to take any action.

 

Similarly, employers are not required to comply with OSHA’s ETS at this time. However, employers are still expected to provide a safe and healthy workplace for their employees and follow other existing OSHA COVID-19 guidance. Employers should also monitor OSHA communications for information about the possible permanent standard.

Requirement Generally Applies to Group Health Plans Providing Prescription Drug Coverage

Group health plan sponsors are required to complete an online disclosure form with the Centers for Medicare & Medicaid Services (CMS) on an annual basis and at other select times, indicating whether the plan's prescription drug coverage is creditable or non-creditable. This disclosure requirement applies when an employer-sponsored group health plan provides prescription drug coverage to individuals who are eligible for coverage under Medicare Part D.


The plan sponsor must complete the online disclosure within 60 days after the beginning of the plan year. For calendar year health plans, the deadline for the annual online disclosure is March 1, 2022.


Employers that are required to report to CMS should work with their advisors to determine whether their prescription drug coverage is creditable or non-creditable. They should also visit CMS' creditable coverage website, which includes links to the online disclosure form and related instructions.

3 Hybrid Work Model Mistakes to Avoid​

It’s no shock that the COVID-19 pandemic fueled a pivot towards remote work. And as workplaces reopen, a significant number of employees want to retain their remote status. To accommodate this desire, many employers are using a hybrid work model, allowing employees to work in person some of the time and remotely for the rest. Within this model, it’s critical for employers to understand potential pitfalls and adapt as necessary.

 

Here are three common hybrid work model mistakes to avoid.

 

1. Inadequate Policies

If employers don’t have clearly defined hybrid policies detailed in writing, employees and their managers may not understand expectations, which could lead to confusion, improper conduct or missed deadlines. Among other topics, a hybrid work policy might include details on who is eligible for hybrid work, scheduling expectations and technology specifics.

 

2. Unfamiliar Leadership

While many employees may want to work at least some of the time remotely, leadership might feel differently, preferring in-person work. This can be problematic when these same people write and enforce workplace policies. It may be insightful for management to also try out hybrid work or discuss concerns with those participating in a hybrid schedule.

 

3. Inconsistent Communication

Staying up to date on timely developments is a constant struggle for most workplaces. While multichannel communication can reach dispersed workers and is generally an effective tool, employees still need to know where to expect messages to come from. A workplace may standardize communications through a messaging platform or intranet to keep employees informed.


Loop Your Communication and Resources Together with Forsite EXP >>

Forsite EXP is the ultimate employee experience platform. This customizable app helps employers reach employees on their smartphone with important company updates and healthcare education, and provides benefits support as they navigate unique healthcare needs.


   LEARN MORE ABOUT FORSITE EXP >>        

Employer Takeaway

When properly implemented, hybrid work models can provide flexibility to workers while still maintaining operational productivity. Read more on 5 HR Trends to Monitor, including hybrid workplace sustainability.

3 Strategies for Reducing Benefits Costs in 2022​

Health care costs continue to rise each year, and 2022 will be no exception. In the new year, experts predict a 6.5% increase in medical costs alone, according to PricewaterhouseCoopers.

With this increase in mind, employers will want to strategize methods to rein in benefits spending.

 

1. Consider Alternative Plan Modeling

Instead of raising premiums, which may push employees away, employers can think about offering alternative health plan models. These include consumer driven health plans and various self-funded plan models. At their core, alternative plan models give more control to employees and employers about how health care dollars are spent.

2. Promote Health Care Literacy​

The idea of health literacy is that if employees better understand their health care options, they can save more money and improve their overall well-being. Any amount of health literacy can go a long way toward keeping health costs down in 2022. Arming employees with answers to basic questions such as “What does my plan cover?” and “Where should I go for treatment?” can help them take better control over their health choices and make wiser decisions, ultimately driving your organization's premium down.


The moral of this story is to educate your employees on confidently navigating healthcare. Give them access to resources on; 

  • Smart healthcare navigation
  • Healthcare money-saving tips
  • Proactive healthcare 

You can give your employees access to a library of such resources using this tool >>

3. Explore Telemedicine Solutions

In basic terms, telemedicine allows consumers to visit their doctor over the internet. These appointments are often much more affordable compared to in-person visits. As of mid-2021, 46% of consumers were using telemedicine to replace in-person health visits they had originally planned, according to a McKinsey and Company survey. Those figures are expected to rise in 2022 as the cost savings of telemedicine are more widely understood.

5 Must-Do's for Employee Orientation​

Employee orientation is an important piece of HR and employee management. A formal orientation is essential to setting a new hire up for success and helping your company maintain the corporate image and values you portrayed during the interview process. Employee orientation can also be designed for current staffers who are being promoted to a new position within the company and need a similar type of program. 


The content herein is provided for general information purposes only, and does not constitute legal, tax, or other advice or opinions on any matters. This information has been taken from sources which we believe to be reliable, but there is no guarantee as to its accuracy.

Copyright © 2020 HR 360, Inc. All rights reserved.

]]>Mon, 31 Jan 2022 14:29:09 -0600<![CDATA[Covid-19 Vaccine and Testing Management]]>https://www.forsitebenefits.com/blogs/post/covid-19-vaccine-and-testing-management

On November 4, 2021, the Biden Administration announced details of two major vaccination policies. 

Here is the statement >>


In response to many employers' need for a quick solution regarding the January 4th deadline to comply with the new Covid-19 Vaccine or Testing Mandate, Forsite Benefits & Motion Connected have developed an affordable standalone, short-term commitment option for employers seeking such a solution.

This simple and secure management solution allows your organization to:


  • Actively communicate company updates and notices
  • Collect and manage Covid-19 test results
  • Easily view submission with real-time reports
  • Track vaccination and exempt status
Click to request more information

Our Technology is easy to Launch & Manage. Users simply download the Motion Connected app, use your company code to register, and fill in the required information to comply.


Forsite Benefits & Motion Connected are flexible, secure, and reliable partners who can adjust quickly to changing needs, while also supporting your employees' questions and concerns.

]]>Thu, 04 Nov 2021 15:25:54 -0500<![CDATA[November 2021: Stay Informed of the Latest HR News]]>https://www.forsitebenefits.com/blogs/post/november-2021-stay-informed-of-the-latest-hr-news
What the Biden Vaccine Mandate Means for Employers
Impact of HIPPA Privacy Rule on COVID-19 Vaccine Inquiries
Complex Health Benefits Can Hinder Employee Success
Prevent Sexual Harassment in the Workplace

What the Biden Vaccine Mandate Means for Employers​

Recently, the White House directed the Occupational Safety and Health Administration (OSHA) to draft an emergency temporary standard (ETS) for private employers. Soon, employers with 100 or more employees (likely measured companywide, not by location) will need to adapt their vaccine policies and enforce one of the following:

  • Require employees to get vaccinated against COVID-19
  • Require unvaccinated employees to produce evidence of a negative COVID-19 test each week
The rule will also reportedly require large employers to provide their workers with paid time off to get vaccinated and recover from any vaccination-related side effects (e.g., chills).

What Employers Can Do Now

Here are some actions employers can consider to prepare for the mandate:

  • Determine whether weekly negative testing will be allowed as an alternative to COVID-19 vaccination.
  • Consider how to handle accommodation requests for those seeking vaccination exemptions.
  • Plan out systems to adequately and confidentially track employee vaccination statuses, such as Motion Connected’s Vaccine Verifier >>
  • Plan for potential staffing shortages or scheduling changes to afford employees time to get vaccinated.
This list is non-exhaustive, as certain considerations will be unique to individual employers. Employers should stay tuned for specific details to be announced by OSHA shortly.

Impact of the HIPPA Privacy Rule on COVID-19 Vaccine Inquiries​

On Sept. 30, 2021, the Department of Health and Human Services (HHS) issued frequently asked questions (FAQs) on the application of the Health Insurance Privacy and Accountability Act (HIPAA) Privacy Rule on COVID-19 vaccination and the workplace.


Overview of the FAQ Guidance
The FAQs provide that the HIPAA Privacy Rule does not prohibit any person (an individual or an entity, such as a business)—including HIPAA-covered entities and business associates—from asking whether an individual has received a COVID-19 vaccine. Rather, the Privacy Rule regulates how and when a covered entity or its business associate may use or disclose protected health information (PHI), including information about an individual’s vaccination status.


In addition, the Privacy Rule does NOT:

  • Prevent any individual from disclosing whether he or she has been vaccinated against COVID-19 or any other disease. 
  • Apply to individuals’ disclosures about their own health information.
  • Prohibit an employer from requiring an employee to disclose whether they have received a COVID-19 vaccine to the employer, clients or other parties.
  • Apply to employment records. 
  • Regulate what information can be requested from employees as part of the terms and conditions of employment. However, documentation or other confirmation of vaccination must be kept confidential and stored separately from the employee’s personnel files under Title I of the Americans with Disabilities Act (ADA).

    In addition, other federal or state laws do address terms and conditions of employment. Similarly, other state or federal laws address whether individuals are required to disclose whether they have received a vaccine under certain circumstances.

Complex Health Benefits Can Hinder Employee Success​

Health care is rarely straightforward for the average consumer. Many individuals need help making sense of their options both during open enrollment and when receiving health services. In fact, 8 out of 10 people said they faced challenges when receiving care, according to a recent study from Quantum Health.

According to the study, the vast majority of consumers have reported facing hurdles in the past two years when receiving care. These challenges include issues understanding coverage levels, locating providers and navigating the insurance claims process. Issues like these were compounded for individuals with chronic conditions—90% of whom said they faced additional challenges, such as making sense of diagnoses or test results.


Employers spend a lot of time tailoring their health benefits to ensure they meet the needs of their employees. But, if only half of those employees can effectively use such benefits—let alone understand them—then employers may need to refocus their efforts. One of the best ways to help reduce employee confusion and maximize benefits value is through education.

Reach out to discuss a benefits communication plan and secure health literacy resources for your employees.

Keep Employees Educated, Engaged, & Healthy with Forsite EXP >>

Forsite EXP is the ultimate employee experience platform. This customizable app helps employers reach employees on their smartphone with important company updates and healthcare education, and provides benefits support as they navigate unique healthcare needs.


   LEARN MORE ABOUT FORSITE EXP >>                             

Preventing Sexual Harassment in the Workplace​

Despite decades of attention in the media and courts, sexual harassment remains a significant and costly problem in today's business environment. Learn how to prevent sexual harassment in your workplace by watching this video >>

The content herein is provided for general information purposes only, and does not constitute legal, tax, or other advice or opinions on any matters. This information has been taken from sources which we believe to be reliable, but there is no guarantee as to its accuracy.

Copyright © 2020 HR 360, Inc. All rights reserved.

]]>Mon, 01 Nov 2021 11:57:05 -0500<![CDATA[October 21: Stay Informed of the Latest HR News]]>https://www.forsitebenefits.com/blogs/post/october-21-stay-informed-of-the-latest-hr-news
OSHA to Mandate Vaccine and Testing Temporary Standard for COVID-19
IRS Issues Employer Guidance for Reporting 2021 FFCRA Leave
Proposed Rule Would Expand Electronic Filing, Including ACA Reporting
Tune Up Your Communication Strategy For 2021

OSHA to Mandate Vaccine and Testing Temporary Standard for COVID-19​​

On Sept. 9, 2021, President Biden announced that the Occupational Safety and Health Administration (OSHA) is developing an emergency temporary standard (ETS). The new ETS will require private-sector employers with 100 or more employees to ensure their workforce is fully vaccinated or test negative for COVID-19 every week before coming to work.

This announcement follows the vaccination, masking and social distancing requirements issued by the president in July for the public sector—federal employees and on-site contractors.

There currently is no time frame as to when the new ETS will be released. The government estimates that the ETS will impact over 80 million private-sector workers.


Current OSHA ETS
OSHA currently has a COVID-19 ETS for the health care and health care support workers. This ETS covers hospitals, nursing homes and assisted living facilities; emergency responders; home health care workers; and employees in ambulatory care settings where suspected or confirmed COVID-19 patients are treated.

OSHA has also issued guidance to help employers and workers not covered by the health care ETS. This guidance is to help employers protect workers who are unvaccinated, otherwise at-risk, or fully vaccinated but in areas of substantial or high community transmission.

Next Steps
Employers should continue to protect at-risk, unvaccinated and fully vaccinated workers. Employers should also monitor OSHA communication channels to become familiar with the expected private sector ETS once it is published.

IRS Issues Employer Guidance for Reporting 2021 FFCRA Leave​​

IRS Notice 2021-53, issued Sept. 7, 2021, provides guidance for employers on how to report sick and family leave wages for employee leave taken in 2021 under the Families First Coronavirus Relief Act (FFCRA), as amended by the COVID-related Tax Relief Act of 2020 and the American Rescue Plan Act of 2021. In July 2020, the IRS issued Notice 2020-54 about reporting for FFCRA leave taken in 2020.

Reporting Requirement
Employers are required to report qualified 2021 FFCRA leave wages to employees on either a 2021 Form W-2, Box 14, or in a separate statement provided with the Form W-2. The requirement applies only to employers who claim tax credits for the leave wages under the relevant legislation.


According to the notice, there are separate reporting requirements for leave provided from Jan. 1, 2021, to March 31, 2021, and for leave provided from April 1, 2021, to Sept. 30, 2021. The notice gives additional specific reporting instructions for leave wages that must be entered on Box 1, 3 or 5 of Form W-2. The guidance also includes model language employers may provide as part of the Form W-2, Box 14 “Instructions for Employee,” or in a separate statement.

Paid Sick and Family Leave Under FFCRA
The FFCRA, passed in March 2020, required employers with fewer than 500 employees to provide paid sick and family leave for specific COVID-19-related reasons and included employer tax credits to cover leave costs. The leave requirement expired in December 2020. However, the Tax Relief Act of 2020 and the American Rescue Plan Act extended the tax credits for employers who chose to continue to provide FFCRA leave, first through March 31, 2021, and then through Sept. 30, 2021.

Requirement Applies to Employers that Offer Prescription Drug Coverage
Employers who sponsor group health plans that offer prescription drug coverage to Medicare-eligible individuals must provide a Medicare part D Creditable or Non-Creditable Coverage Notice to those individuals before October 15.

These notices inform Medicare-eligible individuals whether the plan's prescription drug coverage is expected to pay, on average, as much as the standard Medicare prescription drug coverage (meaning it is "creditable").
For more information on this notice requirement, including links to downloadable model notices, click here >>

Proposed Rule Would Expand Electronic Filing​​​​

On July 23, 2021, the IRS published a proposed rule that would expand the requirement to file certain information returns electronically, including those under the Affordable Care Act’s (ACA) reporting requirements in Internal Revenue Code Section 6055 and Section 6056.

  • For Form 1094 series, Forms 1095-B and 1095-C, Form 1099 series and Form 5498 series, electronic filing would be required for entities that file 100 or more returns for due dates in 2022, and 10 or more returns after that. The proposal would also require aggregation of most information returns when calculating these thresholds.
  • Entities that file at least 10 returns of any type would be required to electronically file Form 5330 for tax years ending on or after the date final rules are published, and Form 8955-SSA for plan years beginning on or after Jan. 1, 2022.
  • For entities required to file Form 5500, the proposed rule would require entities that file at least 10 returns of any type to file Form 5500 electronically for plan years beginning after Dec. 31, 2021.

This proposal would effectively eliminate paper filings for most employers. However, the proposed rule has not been finalized and is not effective at this time.

Tune Up Your Communication Strategy For 2022​​

Effective managers must be strong communicators to inspire and lead their teams. Unfortunately, the demands of the day-to-day workplace ensure communication gets put on the back burner which can be detrimental to employee engagement, company culture, and the retention of your workforce. 


Consider this: You are always communicating with your employees through the organization’s work environment, corporate culture, and the relationship built with employees.

Employees should be;

1.      Consistently engaged in company culture

2.      Provided resources to perform their job efficiently but also take care of themselves

3.      Communicated with on a regular basis using an effective, convenient platform.


Get a Communication Tune Up! >>

The 5th Annual Forsite Move Challenge

The 5th annual Forsite Move Challenge was completed on September 30th and the results are in! 

  • 1st place: Team WBAY | 17,576 daily step average 
  • 2nd place: Team Zepnick Solutions | 16,735 daily step average 
  • 3rd place: Team Optima Machinery 14,823 daily step average 

48 Wisconsin teams stepped with us for CP, raising $10,650. $1,050 of those dollars were earned by the 21 teams that achieved above 10,000 daily steps. We continue to be humbled and grateful for our community, and the ability to come together and give back.

Keep Employees Connected, Engaged, & Healthy with Forsite EXP >>

Forsite EXP is the ultimate employee experience platform. This customizable app helps employers reach employees on their smartphone with important company updates and healthcare education, and provides benefits support as they navigate unique healthcare needs.


   LEARN MORE ABOUT FORSITE EXP >>                             

The content herein is provided for general information purposes only, and does not constitute legal, tax, or other advice or opinions on any matters. This information has been taken from sources which we believe to be reliable, but there is no guarantee as to its accuracy.

Copyright © 2020 HR 360, Inc. All rights reserved.

]]>Tue, 05 Oct 2021 16:37:50 -0500<![CDATA[September 2021: Stay Informed of the Latest HR News]]>https://www.forsitebenefits.com/blogs/post/september-2021-stay-informed-of-the-latest-hr-news
Agencies Plan Changes to Contraceptive Coverage Rules
Additional FAQs & Background on the ARPA COBRA Subsidy
Pfizer-BioNTech Vaccine Fully Approved by FDA​, Monday, August 23, 2021
Filling a Job Vacancy? Five Fast Tips to Make a Job Posting Stand Out

Agencies Plan Changes to Contraceptive Coverage Rules​

On Aug. 16, 2021, the Departments of Health and Human Services (HHS), Labor (DOL) and the Treasury (Departments) issued a frequently asked question (FAQ) regarding enforcement of the contraceptive coverage mandate under the Affordable Care Act (ACA).


This FAQ indicates that the Departments intend to amend existing religious and moral exemptions to the contraceptive coverage mandate in light of recent litigation.


Contraceptive Mandate

The ACA requires non-grandfathered health plans to cover certain women’s preventive health services without cost sharing, including all FDA-approved contraceptives.


Religious exemptions apply to certain churches, houses of worship, and other church-affiliated institutions, allowing them to choose not to contract, arrange, pay or refer for any contraceptive coverage.


On Nov. 15, 2018, the Departments published final regulations that expanded the exemptions and accommodations to the contraceptive mandate to apply to any entities with religious or moral objections to the contraceptive coverage requirement.

On July 8, 2020, the U.S. Supreme Court upheld these regulations as a valid exercise of power under the Trump administration.


FAQ Guidance

The FAQ indicates that the Departments intend to issue regulations within six months to amend the 2018 final regulations. The FAQ does not provide any additional detail or specify the types of changes that may be made.

Additional FAQs on the ARPA COBRA Subsidy​

On July 26, 2021, the IRS issued Notice 2021-46, providing additional guidance on the application of the American Rescue Plan Act (ARPA) subsidy for continuation health coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA) in the form of 11 questions and answers.


The Notice expands on prior guidance issued on May 18, 2021.


Background

The ARPA subsidy covers 100% of COBRA and state mini-COBRA premiums from April 1–Sept. 30, 2021, for certain assistance-eligible individuals whose work hours were reduced or whose employment was involuntarily terminated. The subsidy is funded via a tax credit provided to employers, insurers or group health plans, according to the terms of the statute.

  

Q&A Topics

The questions addressed include:

  • Subsidy availability to individuals eligible for an extension who had not elected it;
  • Whether subsidies for vision or dental-only coverage ends due to eligibility for other coverage that does not include vision or dental benefits;
  • Subsidy availability under a state statute that limits continuation coverage to government employees;
  • Whether employers may claim the tax credit if the Small Business Health Options Program (SHOP) Exchange requires employers to pay COBRA premiums; and
  • Which party may claim the tax credit in situations involving parties other than an insurer or former common law employer providing the COBRA coverage.

COBRA Subsidy Expiration Notice Due by Sept. 15 (Sooner for Some)

The American Rescue Plan Act (ARPA) provides COBRA premium assistance to eligible individuals and imposes notice requirements on health plans, including a requirement to notify eligible individuals about when their premium assistance ends.

The notice of premium subsidy expiration must be provided during the 45 - 15-day period before an individual’s subsidy expires. This means that, for individuals whose subsidy is expiring due to the end of the subsidy period, the notice must generally be provided from Aug. 16, 2021, to Sept. 15, 2021. Otherwise, the due date will depend on when an individual’s maximum COBRA coverage period ends.

Plans are not required to issue an expiration notice to individuals whose subsidy is expiring because they became eligible for other group health plan coverage or Medicare.

Pfizer-BioNTech Vaccine Fully Approved by FDA​

On Monday, Aug. 23, 2021, the Food and Drug Administration (FDA) gave full approval to the Pfizer-BioNTech coronavirus vaccine.


It is the first full approval of any coronavirus vaccine in the United States. The other vaccines, Moderna and Johnson & Johnson, are still available under emergency use authorization (EUA) granted by the FDA. The Moderna vaccine is currently under review for full approval, and the Johnson & Johnson vaccine is expected to begin the process soon.


"The Pfizer-BioNTech vaccine is fully approved for individuals aged 16 and older. The vaccine also continues to be available under the EUA for children ages 12 to 15 and for the administration of a third dose in certain immunocompromised individuals.

“While millions of people have already safely received COVID-19 vaccines, we recognize that for some, the FDA approval of a vaccine may now instill additional confidence to get vaccinated.”

- Dr. Janet Woodcock, the acting FDA commissioner


The approval comes as the coronavirus Delta variant continues to spread across the United States. Federal and state governments have been issuing renewed guidance as a way to rein in the infections, including implementing stringent mask-wearing requirements.


What’s Next?

Authorizing the Pfizer-BioNTech vaccine is expected to open the floodgates for employers considering their own vaccine requirements. Many colleges, hospitals, corporations and even the federal government have announced tentative plans to require proof of vaccination as a condition of employment. United Airlines, for example, recently announced they will require vaccine proof among their employees. Other businesses are using vaccine cards to verify whether patrons need to wear face masks.


It is unclear how many organizations will require vaccination among employees in the near future, but employers should continue to monitor the situation as it evolves. We will be sure to keep you up to date on any new developments.

How to Make Your Job Posting Stand Out​

Filling a job vacancy is a big task. Unfortunately, you get only one chance to make a first impression, and the job posting is often your very first contact with a potential employee. But how do you make your job posting stand out above the rest? 


Here are five fast tips >> to make your job posting stand out.

Keep Employees Connected, Engaged, & Healthy with Forsite EXP >>

Forsite EXP is the ultimate employee experience platform. This customizable app helps employers reach employees on their smartphone with important company updates and healthcare education, and provides benefits support as they navigate unique healthcare needs.


   LEARN MORE ABOUT FORSITE EXP >>                             

The content herein is provided for general information purposes only, and does not constitute legal, tax, or other advice or opinions on any matters. This information has been taken from sources which we believe to be reliable, but there is no guarantee as to its accuracy.

Copyright © 2020 HR 360, Inc. All rights reserved.

]]>Fri, 27 Aug 2021 12:07:49 -0500<![CDATA[August 2021: Stay Informed of the Latest HR News]]>https://www.forsitebenefits.com/blogs/post/august-2021-stay-informed-of-the-latest-hr-news
Biden's Competition Executive Order and the Health Care Industry
Preventing Turnover Post-Pandemic: What Employees Want
Proposed Rule Updates Benefit and Payment Parameters for 2022
How to Retain Employees Through Professional Training

The Impact of Biden's Competition Executive Order on the Healthcare Industry.​​​​​

The American economy is finally recovering after more than a year of stagnation due to the COVID-19 pandemic. President Joe Biden’s administration wants to continue this momentum and further stimulate the economy. To help in that effort, President Biden recently signed an executive order aimed at increasing competition among businesses.

According to the White House, the order was designed to “promote competition in the American economy, which will lower prices for families, increase wages for workers, and promote innovation and even faster economic growth.”

The Biden administration notes that corporate consolidation has been accelerating for many years, leaving the majority of industries in the hands of only a few entities. The administration points to this trend as the main reason for slow wage growth and rising consumer prices. This latest executive order intends to reverse these effects.

All in all, the executive order includes 72 initiatives by more than a dozen federal agencies to help address competition inequality. 


Health Care Impact

The executive order addresses competition in health care in four main areas:


  • Prescription drugs: The executive order directs the Food and Drug Administration to work with states and tribes to safely import prescription drugs from Canada, where drugs are less expensive. It also directs the Health and Human services (HHS) Administration to increase support for generic and biosimilar drugs. Additionally, the order encourages the FTC to ban "pay for delay" and similar agreements.
  • Hearing aids: The executive order directs the HHS to consider issuing proposed rules within 120 days for allowing hearing aids to be sold over the counter. 
  • Hospitals: The executive order directs the FTC to review and revise its merger guidelines to ensure hospital mergers do not harm patients. Additionally, the order directs the HHS to support existing hospital price transparency rules and finish implementing bipartisan federal legislation to address surprise hospital billing. 
  • Health Insurance: The executive order directs the HHS to standardize plan options in the National health Insurance Marketplace so people can comparison shop more easily. Read more on knowing the cost of your healthcare before receiving it with the 2021 price transparency rule >>

Biden's Competition Executive Order Summary

The executive order broadly addresses competition inequalities across market sectors, with a significant focus on health care. These proposed initiatives have the potential to help individuals and small businesses alike. However, it remains to be seen how all of these initiatives will play out, as executive orders are essentially a directive to federal agencies to revise their regulations. Employers should continue to monitor exactly how the executive order plays out.


Preventing Turnover Post-Pandemic​

While turnover is a common occurrence throughout any given year, during the COVID-19 pandemic, turnover rates fell dramatically. Now, a significant number of employees are unwilling to return to the status quo that was established pre-pandemic. Because of this, experts predict a “turnover tsunami” coming in the latter half of 2021.


What Employees Want Post-pandemic

Generally, workplace survey data from the past year illuminates some commonalities between worker desires across industries. The following are some of the most coveted changes workers are looking for post-pandemic:



To stay ahead of these trends, employers will need to look inward toward their unique employee populations and determine what’s important to them. This inquiry may include surveying employees to learn about what they are looking for. To help meet the demands of a workforce, employers can consider implementing changes, such as:


  • Providing remote or hybrid working arrangements
  • Providing flexible scheduling options
  • Adopting or expanding employee assistance programs to help with mental health and burnout
  • Increasing compensation or bonuses


Having managers meet more frequently with employees to discuss challenges and concerns openly

Each organization is unique, and its employees may have varying opinions about what they value.


Read this article on addressing physical and mental health in the workplace >>

Did you know the average Human Resources professional spends 25 hours a month simply doing research? There's a resource for that! 

Visit the Forsite Resource Lounge >>

Proposed Rule Would Update Benefit and Payment Parameters for 2022​

On July 1, 2021, the Department of Health and Human Services (HHS) published a proposed rule that would revise several benefit and payment parameters under the ACA for the 2022 benefit year. While many of the proposed changes primarily impact insurers and Exchanges, some provisions may affect employers.


The rule proposes to repeal the Exchange direct enrollment option, which establishes a process for Exchanges to work directly with issuers, agents and brokers to operate enrollment websites through which consumers can apply for coverage, receive an eligibility determination and purchase a qualified health plan.

        

For the 2022 coverage year and beyond, the rule proposes to lengthen the annual open enrollment period for coverage through all Exchanges to Nov. 1 through Jan. 15. The current annual open enrollment period runs Nov. 1 through Dec. 15.

        

The rule proposes modifications to the Section 1332 State Innovation Waiver process, including changes to many of the policies and interpretations of the guardrails recently issued in the 2022 Notice of Benefit and Payment Parameters, which provided more flexibility for states to apply for waivers from certain ACA provisions.

Retain Employees Through Professional Training​

With the daily demands of keeping a workplace productive and profitable, many managers may overlook one simple perk that has been proven to boost employee retention: 


professional training >>

Keep Employees Connected & Encourage Healthy Habits with Forsite EXP >>

Forsite EXP is the ultimate employee experience platform. This customizable app helps employers reach employees on their smartphone with important company updates and healthcare education, and provides benefits support as they navigate unique healthcare needs.


   LEARN MORE ABOUT FORSITE EXP >>                                 

The content herein is provided for general information purposes only, and does not constitute legal, tax, or other advice or opinions on any matters. This information has been taken from sources which we believe to be reliable, but there is no guarantee as to its accuracy.

Copyright © 2020 HR 360, Inc. All rights reserved.

]]>Tue, 10 Aug 2021 11:38:24 -0500<![CDATA[July 2021: Stay Informed of the Latest HR News]]>https://www.forsitebenefits.com/blogs/post/july-2021-stay-informed-of-the-latest-hr-news
Supreme Court Rejects Challenge to ACA's Individual Mandate
OSHA Updates Mitigation and Prevention Guidance for COVID-19
FAQs on ARP Tax Credits for Paid Sick and Family Leave
What's In a Name? HR Action Steps for Employee Name Change

Supreme Court Rejects Challenge to the ACA's Individual Mandate​​

On June 17, 2021, the U.S. Supreme Court rejected a lawsuit challenging the constitutionality of the Affordable Care Act’s (ACA) individual mandate in a 7-2 ruling.

This lawsuit was filed in 2018 by 18 states as a result of the 2017 tax reform law that eliminates the individual mandate penalty. In 2012, the U.S. Supreme Court upheld the ACA on the basis that the individual mandate is a valid tax. With the penalty’s elimination, the appeals court in this case determined that the individual mandate is no longer valid under the U.S. Constitution.

Supreme Court’s Ruling
The Supreme Court determined that the plaintiffs in this case did not have standing to sue, meaning that they have not shown that they suffered any injury as a result of the elimination of the individual mandate penalty and, therefore, do not have a legal right to sue. As a result, the ACA as it exists today will remain in place.

According to the Court, allowing a lawsuit "attack[ing] an unenforceable statutory provision [to continue] would allow a federal court to issue what would amount to 'an advisory opinion without the possibility of any judicial relief.'"

The Court did not make any determinations on any other issue in the case, including the validity of the individual mandate or whether the rest of the ACA can be severed from the individual mandate provision. However, this case is now concluded and the ACA will remain in place.

OSHA Updates Mitigation and Prevention Guidance for COVID-19​​​​​

On June 10, 2021, the Occupational Safety and Health Administration (OSHA) updated its guidance on mitigating and preventing the spread of COVID-19 in the workplace. The guidance applies to employers and employees in settings outside of the health care industry and is now focused only on protecting unvaccinated or otherwise at-risk employees in their workplaces.


The recommendations are advisory in nature, informational in content and intended to provide a safe and healthy workplace free from recognized hazards that are causing or likely to cause death or serious physical harm. 

Action Steps
Under the guidance, employers with unvaccinated or otherwise at-risk employees should update their COVID-19 prevention plans to provide policies and procedures for those specific employees to follow. Employers should also review the guidance for vaccinated employees working with unvaccinated employees and update their policies and procedures accordingly.

Did you know the average Human Resources professional spends 25 hours a month simply doing research? There's a resource for that! 

Visit the Forsite Resource Lounge >>

IRS Posts FAQs on ARP Tax Credit for Paid Sick and Family Leave​

On June 11, 2021, the IRS released new FAQs about tax credits for eligible employers who voluntarily provide paid employee leave under the Families First Coronavirus Response Act (FFCRA). The FFCRA paid sick and family leave requirements themselves expired Dec. 31, 2020, but subsequent legislation—most recently the American Rescue Plan Act (ARP)—extended and enhanced the tax credits available for employers that choose to provide FFCRA leave through Sept. 30, 2021.

The New FAQs
There are 123 new FAQs, divided into 16 subtopics. They include information on how employers may claim the tax credits, including how to file for and compute the applicable credit amounts and how to receive advance payments for and refunds of the credits. The FAQs clarify the following issues, among others:

  • Daily and aggregate wage limits do not include health plan expenses or the employer’s share of Social Security and Medicaid taxes.
  • Qualified leave wages do not include federal taxes on the wages.
  • The last day an employer may file for advance payment of the credit.
  • The credit may apply for leave between April and September 2021, even if the employer did not pay the employee initially.
  • Employers must collect and maintain specific information from employees (and may require more than that specified) to substantiate eligibility for the credits. Records must be kept for six years.

Paid Sick and Family Leave Credits
The tax credits apply to employers with fewer than 500 employees and are refundable and advanceable. Wages are subject to daily and total limits.

What's In a Name? HR Action Steps for Employee Name Change​

With the summer wedding season underway, many employees may soon be changing their names. As a result, in the coming months, it is critical for employers to ensure that each employee's name is accurately reflected on required forms and internal records. Learn how to stay compliant in this video >>

Keep Employees Connected & Encourage Healthy Habits with Forsite EXP >>

Forsite EXP is the ultimate employee experience platform. This customizable app helps employers reach employees on their smartphone with important company updates and healthcare education, and provides benefits support as they navigate unique healthcare needs.


   LEARN MORE ABOUT FORSITE EXP >>   

The content herein is provided for general information purposes only, and does not constitute legal, tax, or other advice or opinions on any matters. This information has been taken from sources which we believe to be reliable, but there is no guarantee as to its accuracy.

Copyright © 2020 HR 360, Inc. All rights reserved.

]]>Fri, 02 Jul 2021 09:45:58 -0500<![CDATA[June 2021: Stay Informed of the Latest HR News]]>https://www.forsitebenefits.com/blogs/post/june-2021-stay-informed-of-the-latest-hr-news
IRS FAQs and COBRA Subsidies
IRS Releases Updated 720 Form For PCOR Fees
Protecting Employees From Burnout
Hiring and Managing Seasonal Employees

IRS Issues Guidance on Taxability of DCAP Benefits for 2021 and 2022

On May 10, 2021, the Internal Revenue Service (IRS) released guidance >> on the taxability of dependent care assistance programs (DCAPs) for 2021 and 2022, clarifying that amounts attributable to previously issued carryover and extended grace period relief >> generally are not taxable.


Specifically, if these dependent care benefits would have been excluded from income if used during taxable year 2020 (or 2021, if applicable), these benefits will remain excludible from gross income and are not considered wages of the employee for 2021 and 2022. They will also generally not be taken into account for purposes of applying the exclusion limits of Internal Revenue Code Section 129.

Here is an Example

IRS Notice 2021-26 clarifies the interaction of this standard with the one-year increase in the exclusion for employer-provided dependent care benefits from $5,000 to $10,500 for the 2021 taxable year under the American Rescue Plan Act.


Here are the Facts

Employee elects to contribute $5,000 for DCAP benefits for the 2020 plan year but incurs no dependent care expenses during that plan year. The employer amends its plan to allow the employee to carry over the unused $5,000 of DCAP benefits to the 2021 plan year. The employee elects to contribute $10,500 for DCAP benefits for the 2021 plan year, incurs $15,500 in dependent care expenses for that plan year, and is reimbursed $15,500 by the DCAP.


In Conclusion

The $15,500 is excluded from the employee’s gross income and wages because $10,500 is excluded as 2021 benefits and the remaining $5,000 is attributable to a carryover permitted by the previously issued coronavirus-related relief.

​​IRS FAQs on COBRA Subsidies

The Internal Revenue Service (IRS) has published frequently asked questions (FAQs) on the application of the American Rescue Plan Act (ARP) subsidies for continuation health coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). The FAQs cover a wide range of topics.


Background

The ARP subsidy covers 100% of COBRA and State mini-COBRA premiums from April 1–Sept. 30, 2021, for certain Assistance Eligible Individuals whose work hours were reduced or whose employment was involuntarily terminated. The subsidy is funded via a tax credit provided to employers, insurers or group health plans, according to the terms of the statute.


Frequently Asked Questions

Among the topics covered are how to calculate and claim the tax credit, including when a third-party payer is involved. According to the guidance, employers must document individuals’ eligibility for COBRA premium assistance to claim the credit. The FAQs further clarify that:

  • The subsidy is available for extended periods of COBRA coverage between April 1 and Sept. 30, 2021, due to a disability, second qualifying event or extension under State mini-COBRA.
  • Involuntary termination includes constructive discharge and termination for cause, but not gross misconduct.
  • Health reimbursement arrangements, dental-only plans and vision-only plans are covered by the subsidy.


Action Steps

Employers should review the IRS FAQs in their entirety to ensure compliance with the ARP, especially with respect to notice and documentation obligations.

Did you know the average Human Resources professional spends 25 hours a month simply doing research? There's a resource for that! 

Visit the Forsite Resource Lounge >>

​IRS Releases Updated Form 720 for PCOR Fees​

The IRS has released a revision to IRS Form 720, which is used to pay the Patient-Centered Outcomes Research (PCOR) fees due July 31, 2021.


Each year, employers must wait for the IRS to update Form 720 to pay their PCOR fees using the correct form. The PCOR fee is used to fund research on patient outcomes. As part of the Affordable Care Act, employer-sponsored health plan(s) are subject to PCOR fees. 


The PCOR Fees due by July 31, 2021 include plan years ending in 2020.

  • For plan years ending on or after January 1, 2020 through September 30, 2020 the fee is $2.54 per covered life.
  • For plan years ending on or after October 1, 2020 through December 31, 2020 (including calendar year plans) the fee is $2.66 per covered life.

PCOR Fees for self-funded major medical plans, HRAs, and non-excepted Health Care FSAs are payable by the employer using IRS Form 720 and are due July 31.

[this information has been provided by Employee Benefits Corporation's Compliance Buzz]

The IRS provided transition relief related to the 2020 PCOR fee calculation, due to the anticipated termination of the PCOR fee prior to its extension. This transition relief allowed issuers and plan sponsors to use any reasonable method for calculating the average number of covered lives for this period, in addition to existing methods, so long as it was applied consistently for the duration of the plan year. However, this transition relief was not extended for the 2021 plan year. As a result, plans and issuers must use one of the existing methods for calculating the PCOR fee for 2021. 

Protecting Employees From Burnout​

Burnout has been a commonly discussed issue amid the COVID-19 pandemic. Oftentimes, it is the Human Resources department's responsibility to help employees cope with burnout and its contributing factors. 


Burnout, in simple terms, is the feeling of mental exhaustion stemming from workplace duties. According to the World Health Organization, burnout may be shown through the following symptoms:


  • Fatigue or energy depletion
  • Decreased engagement at work, or feelings of negativism or cynicism related to one's job
  • Reduced productivity or efficacy
  • As these examples show, burnout doesn’t always look the same for everyone. Yet, the impacts of burnout are typically uniform—lower-quality work and detrimental health effects.


4 Steps You Can Take to Help Your Team Recover From or Avoid Burnout Altogether

  • Meet regularly with team members and peers to gauge their emotional states and discuss individual work duties as needed.
  • Recognize and celebrate individual and team achievements.
  • Train other managers on how to keep employees engaged and motivated at work, and how to spot signs of burnout.
  • Clearly communicate that employees should reach out if they are experiencing burnout, and that there will be no punishment for seeking help.


Your team is made up of many unique individuals, each with different needs that should be met in order to recover from or avoid burnout. Consider what actions you can take as a team leader and mentor to meet their diverse needs and build up a supportive and productive workplace culture.

Keep Employees Connected & Encourage Healthy Habits with Forsite EXP >>

Forsite EXP is the ultimate employee experience platform. This customizable app helps employers reach employees on their smartphone with important company updates and healthcare education, and provides benefits support as they navigate unique healthcare needs.


   LEARN MORE ABOUT FORSITE EXP >>   

Hiring and Managing Seasonal Employees​

With the summer hiring season underway, employers should begin thinking about how best to hire and manage seasonal employees. Employers who do not dedicate time to these critical steps risk having to face disgruntled employees, unhappy customers, and even legal violations. 


To learn some best practices for hiring and managing seasonal employees, please watch this video >>>.


Read May's HR newsletter >> for 4 virtual recruitment strategies.


The content herein is provided for general information purposes only, and does not constitute legal, tax, or other advice or opinions on any matters. This information has been taken from sources which we believe to be reliable, but there is no guarantee as to its accuracy.

Copyright © 2020 HR 360, Inc. All rights reserved.

]]>Tue, 01 Jun 2021 11:54:19 -0500<![CDATA[Webinar: The American Rescue Plan Act (ARPA) COBRA, FSA and Other Adjustments]]>https://www.forsitebenefits.com/blogs/post/webinar-the-american-rescue-plan-act-arpa-cobra-fsa-and-other-adjustments

The following webinar was recorded Tuesday, April 20th, 2021. Sue Sieger, Senior Compliance Consultant with Employee Benefits Corporation joins Forsite benefits to answer how the American Rescue Plan Act or ARPA, will impact important areas of healthcare.


AUDIENCE: Wisconsin Employers, HR Professionals, and leadership Teams


CONTENT: In this webinar, Sue covers COBRA subsidies and changes, FSA adjustments and additional questions brought by listeners including;

1. Who is eligible for the subsidy?

2. Which plans are eligible for the subsidy?

3. How do you recoup the subsidy from the federal government?


About Sue Sieger: Sue has over 25 years of experience in the employee benefits industry and is a frequent speaker on employee benefits. As Senior Compliance Consultant at Employee Benefits Corporation, she has worked with hundreds of employers and has become a leading specialist in Section 125 and Section 105 Plan design and administration.


]]>Tue, 20 Apr 2021 16:00:17 -0500