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HIPAA (continued from page 25)
Law
Compliance Plans Compliance Amendment
Snapshot Affected Deadline Required or
Merely
Change in
Administration
Electronic Most Forms 5000 filed All plans required to Most 5500s filing Administration
Form 5500 on/after January 1, 2010 are file Form 5500. on/after January 1, changes.
filing required to be filed electron- 2009 are required
ically. Thus, for example, a to be filed elec-
calendar year plan 5500 for tronically. Thus,
2009 (due July 2010 unless for example, a cal-
extended) must be electron- endar year plan
ic. Limited paper filing 5500 for 2009
allowed for late or amended (due July 2010
2008 filings until October unless extended)
15, 2010.
Self Reporting Effective January 1, 2010, All health plans that Form 8928 must Administration changes
and Excise Tax employers who sponsor fail to comply with be filed by the due
Assessment group health plans will be the applicable date for the plan
Obligation for required to report and pay requirements. sponsor’s tax
Violations of excise taxes for failing to sat- return. In some
GINA, isfy certain federal group cases the penalty
COBRA, health plan mandates, may apply against
HIPAA, unless timely corrected. In the plan adminis-
NMHPA, addition, excise tax reporting trator for certain
Michelle’s Law, is required if comparable COBRA violations
etc. employer contribution rules
are not satisfied for health
savings accounts (HSAs)
and Archer medical savings
accounts (MSAs).
Selected Compliance Reminders from 2008
2008 and 2010 Expands circumstances All H&W plans includ- January 28, 2008 Amendment may be
National under which FMLA leave ing FSAs and HRAs. for the 2008 Act required.
Defense may be taken and expands and
Authorization leave to 26 weeks for the October 28, 2009 Administration changes
Acts, both primary care giver of a serv- for the 2010 Act.
amending the ice member with a “serious
Family Medical injury or illness” incurred in
Leave Act the line of active duty or
(FMLA) pre-existing serious injury or
illness aggravated in the line
of active duty.
Heroes Permits a “qualified Health FSAs for plan December 31, 2009 Amendment/SMM
Earnings reservist distribution” sponsors that have amendment for required.
Assistance and (QRD) of unused health approved the QRD QRDs retroactive to
Relief Tax Act FSA balance to U.S. (plan amendment June 18, 2008. Administration changes
of 2008 service members called required by 12/31/2009 Otherwise effective
(“Heart Act”) to active duty. for QRDs requested prospectively.
since June 18, 2008).
26 • The Self-Insurer
©
/ January 2010
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