Linda R. Mendel
Practice Areas
Industries
Education
- The Ohio State University Michael E. Moritz College of Law, J.D., with honors, 1981
- Kent State University, B.B.A., 1978, magna cum laude
Bar & Court Admissions
Linda is of counsel in the Vorys Columbus office and a member of the labor and employment group. Her practice is concentrated in the area of employee benefits. Linda works with employers and multiemployer plans on health and welfare benefit plan issues, including employee communications, compliance with the Patient Protection and Affordable Care Act (ACA), the Employee Retirement Income Security Act (ERISA), the Health Information Technology for Economic and Clinical Health Act (HITECH), the Health Insurance Portability and Accountability Act (HIPAA), and the Consolidated Omnibus Budget Reconciliation Act (COBRA), tax issues, and vendor contracting.
Linda is a Fellow of the American College of Employee Benefits Counsel. She is also a member of the American Bar Association. Linda is a past chair of the Welfare Plan and EEOC Issues Subcommittee of the Tax Section of the ABA. She coordinated the ABA’s comments to the IRS on the employer shared responsibility penalties under Code §4980H and has participated in ABA projects to provide comments to the IRS on other ACA regulations.
Linda has spoken on several topics, including ACA, HITECH, COBRA, reporting and disclosure and high deductible health plans/health savings accounts.
Linda received her J.D. with honors from The Ohio State University Michael E. Moritz College of Law and her B.B.A. magna cum laude from Kent State University.
Honors & Awards
- American College of Employee Benefits Counsel, Fellow
- Chambers and Partners, Leading Lawyer in Employee Benefits & Executive Compensation, 2010-2020
- The Best Lawyers in America, Employee Benefits Law, 2007-2021
- The Best Lawyers in America, Employee Benefits Law "Lawyer of the Year," 2020
- Columbus CEO, Top Lawyers in Columbus, 2010-2018
- Martindale-Hubbell AV Peer Review Rated
News
- 1/29/2021Vorys, Sater, Seymour and Pease LLP recently advised Worthington Industries, Inc. in connection with the acquisition by its Pressure Cylinders segment of General Tools & Instruments Company LLC (General Tools), a provider of feature-rich, specialized tools in various categories including environmental health & safety, precision measurement & layout, home repair & remodel, lawn & garden and specific purpose tools.
- 8/20/2020One hundred and twelve lawyers from Vorys, Sater, Seymour and Pease LLP were recently selected by their peers for inclusion in the Best Lawyers in America® 2021 edition. In addition, 26 Vorys attorneys were named to the inaugural Best Lawyers in America “Ones to Watch” list.
- 4/23/2020Vorys, Sater, Seymour and Pease is pleased to announce that 30 of the firm’s attorneys have been recognized among the leading practitioners in the country in the 2020 edition of Chambers USA.
- 8/15/2019One hundred and thirteen lawyers from Vorys, Sater, Seymour and Pease LLP were recently selected by their peers for inclusion in The Best Lawyers in America® 2020.
- 8/15/2019Twelve Vorys attorneys have been named 2020 Lawyers of the Year by Best Lawyers. Each year, only a single lawyer in each specialty in each community is honored as the “Lawyer of the Year.”
- 4/26/2019Vorys announced that 30 of the firm’s attorneys have been recognized among the leading practitioners in the country in the 2019 edition of Chambers USA.
- 8/15/2018One hundred and thirteen lawyers from Vorys, Sater, Seymour and Pease LLP were recently selected by their peers for inclusion in The Best Lawyers in America® 2019.
- 5/4/2018Vorys, Sater, Seymour and Pease is pleased to announce that 32 of the firm’s attorneys have been recognized among the leading practitioners in the country in the 2018 edition of Chambers USA.
- 8/17/2017One hundred and eight lawyers from Vorys, Sater, Seymour and Pease were recently selected by their peers for inclusion in The Best Lawyers in America® 2018.
- 5/26/2017Vorys announced that 30 of the firm’s attorneys have been recognized among the leading practitioners in the country in the 2017 edition of Chambers USA.
- 3/28/2017This year, 54 Vorys attorneys were listed in the 2017 Columbus CEO “Top Lawyers” List.
- 1/25/2017Linda Mendel, of counsel in the Vorys Columbus office, was quoted in a Forbes.com Story Titled “The $83,000 Question: How Much Do Regulations Really Cost Small Businesses?”
- 12/15/2016Linda Mendel, of counsel in the Columbus office, was quoted in a Forbes story about a new federal regulation that will allow companies to use Health Reimbursement Arrangements to compensate employees who buy their own insurance.
- 8/15/2016One-hundred and eleven lawyers from Vorys, Sater, Seymour and Pease were recently selected by their peers for inclusion in The Best Lawyers in America® 2017.
- 5/27/2016Vorys announced that 36 of the firm’s attorneys have been recognized among the leading practitioners in the country in the 2016 edition of Chambers USA.
- 8/17/2015One-hundred and eighteen lawyers from Vorys were recently selected by their peers for inclusion in The Best Lawyers in America® 2016.
- 5/19/2015Vorys, Sater, Seymour and Pease is pleased to announce that 39 of the firm’s attorneys have been recognized among the leading practitioners in the country in the 2015 edition of Chambers USA.
- 1/28/2015Linda Mendel, of counsel in the Vorys Columbus office and a member of the labor and employment group, was quoted in a Tax Notes story titled “IRS to Abate Penalties on Excessive Premium Tax Credit Payments.”
- 11/19/2014Linda Mendel, of counsel in the Vorys Columbus office and a member of the labor and employment group, was quoted in a New York Times: You’re the Boss blog post titled “Regulators Warn Against Reimbursing Employees for Health Premiums.”
- 10/28/2014Vorys, Sater, Seymour and Pease is pleased to announce that Linda Mendel, of counsel in the Columbus office and a member of the labor and employment group, was inducted into the American College of Employee Benefits Counsel (ACEBC) as a Fellow.
- 9/25/2014Linda Mendel, of counsel in the Vorys Columbus office and a member of the labor and employment group, was quoted in a BNA: Daily Tax Report story titled “Health Care: Panelists Disagree on Reporting Employee Coverage Under Multiemployer Health Plans.”
- 8/18/2014One-hundred and ten lawyers from Vorys, Sater, Seymour and Pease were recently selected by their peers for inclusion in The Best Lawyers in America® 2015.
- 6/5/2014Linda Mendel, of counsel in the Vorys Columbus office and a member of the labor and employment group, was quoted in a New York Times story about defined contribution health plans.
- 5/23/2014Vorys, Sater, Seymour and Pease is pleased to announce that 39 of the firm’s attorneys have been recognized among the leading practitioners in the country in the 2014 edition of Chambers USA.
- 8/14/2013One hundred and eleven lawyers from Vorys, Sater, Seymour and Pease were recently selected by their peers for inclusion in The Best Lawyers in America® 2014.
- 8/14/2013Ten Vorys attorneys from three offices have been named 2014 Lawyers of the Year by Best Lawyers. Each year, only a single lawyer in each specialty in each community is honored as the “Lawyer of the Year.”
- 5/24/2013Vorys, Sater, Seymour and Pease is pleased to announce that 39 of the firm’s attorneys have been recognized among the leading practitioners in the country in the 2013 edition of Chambers USA. Chambers USA conducts in-depth research and ranks the leading firms and attorneys in an extensive range of practice areas throughout America.
- 3/29/2013Linda Mendel, of counsel in the Vorys Columbus office, was quoted in a BNA Pension & Benefits Daily story titled “Proposal on Waiting Period Limit Troubles Some Employers, Confirms Prior Guidance.”
- 3/18/2013Linda Mendel, of counsel in the firm’s Columbus office, was quoted in a Tax Analysts Tax Notes story entitled “Correction to Employer Mandate Regs Clarifies Multiemployer Plan Guidance.”
- 9/5/2012Linda Mendel, of counsel in the Vorys Columbus office, was quoted in a Tax Notes story regarding guidance issued by the IRS related to how employers will to calculate full- or part-time status of current and new employees under the large employer health insurance mandate of the Affordable Care Act.
- 8/23/2012One hundred and twenty-six lawyers from Vorys were recently selected by their peers for inclusion in The Best Lawyers in America® 2013.
- 8/13/2012Linda Mendel, of counsel in the Vorys Columbus Office, was quoted throughout a Tax Notes story titled “Employers Await Guidance on Health Insurance Mandate.” According to the story, employers are awaiting proposed federal regulations related to section 4980H of the Affordable Care Act.
- 6/29/2012Matthew Albers, G. Ross Bridgman, Jolie Havens and Linda Mendel were quoted in news stories about the U.S. Supreme Court’s decision to largely uphold the Affordable Care Act.
- 6/7/2012Vorys announced that 35 of the firm’s attorneys have been recognized among the leading practitioners in the country in the 2012 edition of Chambers USA.
- 9/6/2011
- 6/10/2011
- 8/9/2010
- 6/24/2010
- 4/6/2010
- 8/4/2009
- 4/17/2009
- 10/29/2008
- 9/19/2007
Events
- 4/1/2021Vorys attorneys Jennifer Dunsizer, Linda Mendel, Dawne McKenna Parrish and Christine Poth hosted a webinar about the employee benefit plan related provisions of the recently enacted Consolidated Appropriations Act (CAA) and the American Rescue Plan Act (ARPA).
- 3/23/2021On March 23, 2021, Vorys Of Counsel Linda Mendel was a member of a panel presenting an introduction to the application of ERISA to welfare plans. Ms. Mendel addressed group health plan mandates in ERISA Parts 6 and 7.
- 3/17/2021Vorys attorneys Linda Mendel and Elizabeth Howard hosted a webinar which discussed how the Consolidated Appropriations Act will limit surprise medical billing and mandate access to the prices for medical services starting in 2022.
- 3/2/2021On March 2, 2021, Vorys Of Counsel Linda Mendel presented on the surprise medical billing and transparency provisions of the Consolidated Appropriations Act, 2021.
- 1/27/2021On January 27, 2021, Vorys Of Counsel Linda Mendel spoke at the American Bar Association’s Virtual 2021 Midyear Tax Meeting. Mendel’s presentation focused on Surprise Medical Billing and Access to Prices under the Consolidated Appropriations Act, 2021.
- 10/12/2020Vorys was proud to host a weeklong virtual program providing insights and updates for HR professionals from October 12-15, 2020.
- 10/16/2019The Vorys benefits team hosted the inaugural Vorys Benefits Conferences in Cincinnati on September 11, 2019 and in Columbus on October 16, 2019. These conferences were designed and developed specifically for in-house benefits professionals.
- 9/11/2019The Vorys benefits team hosted the inaugural Vorys Benefits Conferences in Cincinnati on September 11, 2019 and in Columbus on October 16, 2019. These conferences were designed and developed specifically for in-house benefits professionals.
- 10/29/2018On October 29-30, 2018, Linda Mendel spoke at the 29th Annual National Institute on Health and Welfare Benefit Plans.
- 8/21/2018On August 21, 2018, Vorys attorneys Linda Mendel and Christine Poth presented at the Manufacturers’ Education Council’s 13th Annual Ohio Employee Health & Wellness Conference.
- 1/10/2018In January, 2018, Vorys Of Counsel Linda Medal presented at the Florida West Coast Employee Benefit Council.
- 9/25/2017On September 25, 2017, Vorys Of Counsel Linda Mendel presented at the 28th Annual National Institute on Health and Welfare Benefit Plans.
- 5/18/2017Vorys attorneys Heather Enlow-Novitsky, Linda Mendel, Chris Poth and Lisa Pierce Reisz presented a webinar titled "Cybersecurity and Employee Benefit Plans - HIPAA and Beyond" on May 18, 2017.
- 5/17/2017On May 17, 2017, Vorys Of Counsel Linda Mendel spoke at the American Bar Association’s Tax Section 2017 May Meeting.
- 4/18/2017Vorys attorney Linda Mendel co-presented a webinar titled "Hot Topics in Health and Welfare Plan Litigation" hosted by the American Bar Association's Joint Committee on Employee Benefits on April 18, 2017.
- 3/15/2017Vorys attorney Linda Mendel was a speaker at the Society of Professional Benefit Administrators Spring Conference on March 15, 2017.
- 11/15/2016Vorys attorneys Linda Mendel and Christine Poth were speakers at the Central Ohio Chapter of the Healthy Ohio Business Council on November 15, 2016.
- 10/6/2016Vorys attorneys Linda Mendel and Christine Poth were speakers at the 27th Annual National Institute on Health and Welfare Benefit Plans on October 6-7, 2016.
- 9/27/2016Vorys attorneys Linda Mendel and Christine Poth hosted a complimentary webinar titled "Wellness Programs: Legal Compliance Checkup" on September 27, 2016 from 12:00 p.m. - 1:00 p.m.
- 9/15/2016On September 15, 2016, Vorys Of Counsel Linda Mendel spoke at the American Bar Association’s webinar entitled, Open Enrollment is Coming – Is Your Health Plan Up to Date?
- 4/8/2014Vorys attorneys Jen Dunsizer, Jolie Havens and Linda Mendel presented a webinar on April 8, 2014.
- 4/3/2014Vorys attorney Linda Mendel will serve as a moderator at the 2014 JCEB Government Invitational on April 3, 2014.
- 2/25/2014Vorys attorney Linda Mendel presented at the Ohio State Bar Association’s Affordable Care Act CLE Seminar on February 25, 2014.
- 10/29/2013Vorys attorney Linda Mendel spoke at the ABA Joint Committee on Employee Benefits Seminar on October 29, 2013.
- 9/12/2013Vorys attorney Linda Mendel was a speaker at the American Bar Association’s Joint Committee on Employee Benefits Webinar on September 12, 2013. Her presentation was titled Worker Classification: What’s New and What You Need to Do.
- 6/11/2013Vorys attorneys Ted Mattis, Jolie Havens and Linda Mendel spoke at the Ohio Hospital Association Annual Meeting on June 10-11, 2013.
- 4/30/2013Vorys attorney Linda Mendel partook in a panel for the American Bar Association’s Joint Committee on Employee Benefits on April 30, 2013. The panel was titled The Roadmap to Compliant Wellness Programs.
- 4/25/2013Vorys attorneys Steve Miller, Andy Kaplan, Angela Rapp, Brad Gibson, Jon Vaughn, Linda Mendel, and Jim Patrick presented the Cincinnati Labor and Employment Law Update 2013 on April 25.
- 1/23/2013Vorys of counsel Linda Mendel spoke at the January dinner meeting for the Florida West Coast Employees Benefits Council, that took place on Wednesday January 23, 2013.
- 9/9/2012The Ohio Council for Home Care and Hospice Fall Conference & Tradeshow was held at the Greater Columbus Convention Center, September 18-20, 2012. The Conference focused on critical health care industry issues and initiatives with various panel presentations.
- 7/24/2012With the decision from the U.S. Supreme Court largely upholding the constitutionality of the Patient Protection and Affordable Care Act (ACA), employers should be moving full speed ahead with efforts to comply with the law. Listen to an audio recording of the program.
- 7/12/2012Linda R. Mendel, of counsel in the firm's Columbus office, participated in a teleconference entitled "After the Sound Bites: An In-Depth Analysis of the Supreme Court ACA Decision."
- 10/31/2011
- 6/11/2010
- 5/11/2010
- 4/13/2010
- 3/18/2010
- 9/25/2009
- 7/29/2009
Insights
- 4/13/2021There has been a whirlwind of new legislation and guidance related to cafeteria plans and flexible spending accounts (FSAs), beginning with the Coronavirus Aid, Relief and Economic Security (CARES) Act in March 2020 through Internal Revenue Service (IRS) guidance issued March 26, 2021.
- 4/12/2021The American Rescue Plan Act (ARP) provides a 100% subsidy of COBRA premiums for Assistance Eligible Individuals (AEIs) starting April 1, 2021.
- 3/16/2021The American Rescue Plan Act (ARPA), signed by President Biden on March 11, 2021, includes a six-month 100% subsidy of COBRA premiums.
- 3/1/2021The IRS and DOL (the Agencies) published new guidance on the extension of certain employee benefit deadlines.
- 2/5/2021As briefly mentioned in a recent Vorys’ client alert, the Consolidated Appropriations Act, 2021 (CAA), signed December 27, 2020, requires that a group health plan and issuers that cover mental health/substance abuse disorder (MH/SUD) “perform and document” a comparative analysis of any non-quantitative treatment limitations that apply to the plan.
- 1/26/2021The Consolidated Appropriations Act (CAA), signed December 27, 2020, will bring significant changes to group health plans in 2022.
- 1/18/2021The Consolidated Appropriations Act (CAA), signed December 27, 2020, will bring significant changes to group health plans in 2022.
- 1/12/2021The Consolidated Appropriations Act (CAA), signed December 27, 2020, will bring significant changes to group health plans in 2022, including new limits on surprise medical billing, reporting and disclosures.
- 10/6/2020On October 2, 2020, the IRS published Notice 2020-76 , announcing an automatic 30-day extension of the deadline to distribute 2020 Form 1095-Cs to employees.
- 8/28/2020The DOL expanded the option for electronic delivery of retirement plan notices and documents.
- 8/3/2020Section 1557 of the ACA prohibits discrimination on the basis of race, color, national origin, sex, age, or disability by health programs and activities funded or administered by HHS. On June 12, 2020, the U.S. Department of Health and Human Services (HHS) announced a 2020 Rule (2020 Rule) on Section 1557 of the Affordable Care Act (ACA).
- 5/22/2020On May 12, 2020, the IRS issued Notices 2020-29 and 2020-33. Notice 2020-29 provides employers with more flexibility for mid-year changes under cafeteria plan as well as permits the extension of grace periods and carryovers of unused 2019 FSA amounts through the end of 2020.
- 5/13/2020
- 5/8/2020The Department of Labor (DOL) and Internal Revenue Service (IRS) recently issued a Joint Notice extending the time frames for a wide range of group health plan participant related events.
- 12/31/2019On December 18, 2019, the U.S. Court of Appeals for the Fifth Circuit held in Texas v. U.S. that the provision in the Affordable Care Act (ACA) that requires individuals to maintain health insurance or pay a “shared responsibility payment” (i.e., the individual mandate) is unconstitutional.
- 12/11/2019The Vorys Employee Benefits Team has drafted alerts covering an array of regulatory and legislative changes throughout the year.
- 12/4/2019On December 2, 2019, the IRS published Notice 2019-63, announcing a 31-day extension of the deadline to distribute 2019 Form 1095-Cs to employees.
- 11/8/2019Benefits Alert: New California State Law Imposes Notification Requirements That May Affect Your FSAsStarting January 1, 2020, a new California state law will require employers to notify employees in California of any deadline to withdraw funds from a flexible spending account (FSA) prior to the end of the plan year.
- 11/6/2019On October 23, 2019, the U.S. Department of Labor (DOL) published proposed regulations on a new safe harbor for electronic disclosures for retirement plans governed by ERISA.
- 11/6/2019On October 23, 2019, the U.S. Department of Labor (DOL) published proposed regulations on a new safe harbor for electronic disclosures for retirement plans governed by ERISA.
- 10/24/2019Now that PBMs are able to track copay coupons using copay accumulator programs, additional guidance is needed from the IRS to determine whether plan sponsors are required to implement copay accumulator programs for HSA-compatible HDHPs.
- 7/22/2019In order to contribute to a health savings account (HSA), an employee must be enrolled in a high deductible health plan (HDHP) and not have disqualifying health coverage.
- 6/25/2019The new regulations (published June 13, 2019) preserve preceding exceptions from the ACA prohibition on annual dollar limits and create two more: (1) an excepted benefit HRA and (2) an individual coverage HRA.
- 12/18/2018On December 14, 2018, a District Court in Texas held that the Affordable Care Act (ACA) is unconstitutional. Texas v. United States, No. 4:18-cv-00167 (N.D. Tex. 12/14/2018). While the case makes its way through the appeal process, group health plan sponsors should continue to comply with the ACA.
- 12/3/2018On November 29, 2018, the IRS announced a 32-day extension of the deadline to distribute 2018 Form 1095-Cs to employees.
- 5/7/2018On April 23, 2018, the Department of Labor (DOL) published a second draft of a model form, the Disclosure Template, that a group health plan participant (or his or her representative) may use to request documentation of compliance with the Mental Health Parity and Addiction Equity Act (MHPAEA).
- 4/30/2018Less than two months after announcing a $50 reduction in the 2018 limit on HSA contributions for employees with family high deductible health plan coverage, the IRS backtracked and reinstated the original limit.
- 3/7/2018The Tax Cuts and Jobs Act changed the indexing of numerous dollar amounts under the Internal Revenue Code effective in 2018.
- 1/9/2018After postponing the effective date of Obama-era regulations on claims and appeals for disability benefits, the Department of Labor announced on January 5, 2018 that it would allow the regulations to go into effect for claims filed after April 1, 2018.
- 12/27/2017On December 22, 2017, the IRS announced a 30-day extension of the deadline to distribute 2017 Form 1095-Cs to employees.
- 11/6/2017On November 2, 2017, the IRS updated FAQs 55-58 on the ACA employer pay or play penalties to explain how it intends to assess and collect 2015 penalties under Code Section 4980H.
- 8/25/2017The judge in a recent court case ordered the Equal Employment Opportunity Commission (EEOC) to develop the administrative record supporting rewards of up to 30% of the cost of health coverage for participation in wellness programs. If the EEOC is unable to defend the size of the reward, the EEOC may have to change its wellness program rules.
- 6/27/2017On June 16, 2017, the Department of Labor (DOL) published a draft of a model form that an employee (or his or her representative) could use to request documentation of compliance with the Mental Health Parity and Addiction Equity Act (MHPAEA).
- 1/5/2017According to IRS FAQs on IRC §4980H, published December 22, 2016, the IRS will begin contacting employers in “early 2017” regarding potential liability for 2015 pay or play penalties under IRC §4980H.
- 12/16/2016On December 13, 2016, President Obama signed the 21st Century Cures Act (H.R. 34) into law. The 21st Century Cures Act contains two provisions that relate to group health coverage.
- 11/30/2016On November 18, 2016, the IRS announced a 30-day extension of the deadline to distribute 2016 Form 1095-Cs to employees.
- 7/21/2016At the end of June, the federally-facilitated health insurance exchanges (as known as the Marketplace) sent out the first batch of Marketplace Notices to employers.
- 6/27/2016You hired a summer intern who is eager to work as many hours as possible. If you allow the intern to work 30-plus hours per week during the summer, at what point would you have to offer medical coverage in order to avoid the risk of Affordable Care Act (ACA) pay or play penalties?
- 5/20/2016If your company sponsors a wellness program, you are undoubtedly familiar with IRS and DOL rules for participatory, activity, and outcomes-based wellness programs.
- 1/4/2016
In a welcome development, the IRS announced on December 28, 2015 (IRS Notice 2016-04) the following extensions of Form 1095-C and Form 1095-B deadlines:
Original Deadline New Extended Deadline Distribution to employees February 1, 2016 March 31, 2016 (2-month extension) Electronic filing with IRS March 31, 2016 June 30, 2016 (3-month extension) Paper filing with IRS* February 29, 2016 May 31, 2016 (3-month extension) * Paper filing is only permitted if an entity is filing fewer than 250 Forms 1095-C or 1095-B.
- 11/13/2015The Bipartisan Budget Act of 2015 (11/2/2015) includes a rare bipartisan amendment to the Affordable Care Act (ACA). The ACA would have required that employers with 200 or more full-time employees auto-enroll their full-time employees in health coverage.
- 5/14/2015The IRS announced the 2016 indexed amounts for health savings accounts (HSAs) and high deductible health plans (HDHPs).
- 4/23/2015For years, the Equal Employment Opportunity Commission declined to provide formal guidance on the application of the ADA to wellness programs. It has now issued rules.
- 3/16/2015The IRS will need detailed information from employers to enforce three Affordable Care Act (ACA) tax provisions. The IRS must determine whether: (1) an employer owes a pay or play penalty for failing to offer affordable, minimum value health coverage to its full-time employees; (2) employees and/or their family members are entitled to tax credits (subsidies) for the purchase of health insurance in the public exchanges; and (3) employees and/or their family members owe penalties for failing to maintain health coverage.
- 11/12/2014Starting in 2015, a large employer will be subject to pay or play penalties if it fails to offer affordable health coverage that provides at least minimum value to its full-time employees. A health plan provides “minimum value” if it is designed to pay at least 60% of the total cost of medical services for a standard population. This is generally equivalent to a bronze level plan sold in the public health insurance Exchange.
- 11/3/2014The Centers for Medicare and Medicaid Services (CMS) had set November 5, 2014 as the deadline for all but the smallest self-insured health plans to obtain a health plan identification number (HPID). On October 31, 2014 – less than a week before that deadline (and three days after publishing new FAQs on the process) – CMS announced an indefinite delay in the requirement that health plans get HPIDs.
- 10/30/2014Although the Internal Revenue Service (IRS) and the Department of Labor (DOL) have agreed on standards for wellness programs, and Congress seemed to have blessed those standards when it authorized higher levels of incentives in wellness programs as part of the Affordable Care Act (ACA), the Equal Employment Opportunity Commission (EEOC) has long expressed concerns about those standards.
- 9/17/2014If your company sponsors a self-insured health plan, there are two November deadlines you may have overlooked in the midst of preparation for the ACA’s pay or play penalties and 2015 open enrollment.
- 7/23/2014Two federal appeals courts ruled yesterday on a key provision of the Affordable Care Act (ACA) – and reached opposite conclusions. At issue is the component of the ACA that allows individuals who earn between 100% – 400% of the federal poverty level (FPL), or $11,670 and $46,680 for an individual, to be eligible to receive a subsidy to purchase insurance in a Health Insurance Marketplace
- 7/2014Several Vorys attorneys authored an article titled “Mental Health Parity and Addiction Equity Act Parity Analysis is Fine Tuned” for National Bar Association's Health Law Section July 2014 Newsletter.
- 2/21/2014The employer pay or play penalties were originally scheduled to apply in 2014 but the IRS gave employers a one-year reprieve. Final regulations and FAQs published February 10, 2014 explain how the penalties will work in 2015 and provide several helpful transitional rules.
- 1/21/2014Summary: ACA mandates don’t apply to health plans classified as “excepted benefits.” The government has proposed regulations expanding the definition of excepted benefits to include self-insured dental and vision coverage even if that coverage is provided without employee contributions.
- 11/14/2013New final regulations under the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) apply to group health plans in plan years beginning on or after July 1, 2014 (January 1, 2015 for calendar year plans). The regulations generally incorporate the 2010 interim final regulations and subsequent FAQs, with some notable clarifications.
- 11/8/2013The IRS has added a second exception to the use-or-lose rule for health flexible spending accounts (FSAs). Employers now have three alternatives for end-of-year health FSA credit balances...
- 10/9/2013The IRS and DOL issued new guidance prohibiting the application of pre-tax funds to the payment of individual health insurance premiums and imposing new conditions on health flexible spending accounts and health reimbursement arrangements.
- 10/7/2013On September 23, 2013 the IRS issued Notice 2013-61. The Notice sets forth streamlined refund procedures for overpayments of federal employment taxes paid by employers and employees relating to health benefits provided to legally married same-sex spouses. The Notice addresses health benefits provided both in 2013, and prior open years. The IRS had previously released Revenue Ruling 2013-17 setting forth its position that same-sex partners legally married under the laws of any state would be considered married for federal tax purposes regardless of where the couple resides. Under this state of celebration standard, the laws of the state where the marriage was celebrated (rather than the state of domicile) governs marital status for federal income tax purposes.
- 9/6/2013Marriages between same-gender spouses will be recognized for federal income tax purposes if valid where performed (the state of celebration) regardless of whether the state in which the spouses live (the state of residence) recognizes the marriage.
- 7/15/2013The postponement of the pay or play penalties and related reporting from 2014 to 2015 gives employers a welcome opportunity to reassess their compliance strategies and plan for a more measured implementation of new systems. However, the pay or play penalties are related to the availability of federal premium assistance for the purchase of health insurance on an exchange. The absence of pay or play penalties and related reporting in 2014 may increase the number of employees buying health insurance on an exchange with federal premium assistance in 2014.
- 7/8/2013The White House and Treasury announced on July 2nd that they are delaying enforcement of the ACA’s employer coverage mandate (which requires employers with 50+ full-time equivalent employees to provide affordable, adequate health coverage to substantially all of the employer’s full-time employees and their children) until 2015 to enable a more orderly roll-out of the reporting and disclosure requirements that will form the basis for the imposition of the employer penalties.
- 6/5/2013New final regulations for wellness programs apply to plan years beginning on and after January 1, 2014. If you have a wellness program and a health plan operating on a calendar year, you will want to consider the new requirements in preparing for 2014 open enrollment.
- 5/21/2013Employers must distribute a new Notice of Coverage Options to all employees (full-time and part-time, regardless of eligibility for benefits). The initial distribution of the Notice must be before October 1, 2013. Thereafter, the Notice must be given to each new employee within 14 days after work begins.
- 5/20/2013Linda R. Mendel, of counsel in the Columbus office, published this article regarding employer pay-or-play penalties in the Spring 2013 issue of The Bankers' Statement.
- 5/10/2013Under the pay-or-play penalties going into effect next year, an employer is subject to penalties if it does not offer "affordable" health coverage to its full-time employees (using the new 30-hour federal standard). The IRS has now proposed that premium discounts and other rewards for participation in an employer-sponsored wellness program not be taken into account in determining whether the health coverage offered by your company is affordable.
- 2/28/2013Recent government guidance addresses permissible employee cost sharing under your company's group health plan. This Vorys Client Alert summarizes what you need to know about out-of-pocket limits, annual and lifetime dollar limits, first dollar preventive care, and tobacco surcharges.
- 1/18/2013In Revenue Procedure 2013-12, the IRS recently updated the Employee Plans Compliance Resolution System (EPCRS). The EPCRS program permits a retirement plan sponsor to correct operational, coverage and plan documentation errors in certain prescribed ways so as to preserve the tax-qualified status of the retirement plan.
- 1/8/2013IRS proposed regulations (published December 28, 2012) are a roadmap to the employer pay-or-play penalties going into effect in 2014 under the Patient Protection and Affordable Care Act (the ACA). Employers may rely on the proposed regulations until further guidance or final regulations are published.
- 12/11/2012The regulatory agencies (the IRS, DOL, and HHS) have started to fill in some (but by no means all) of the gaps in the Affordable Care Act guidance needed to implement the transformation of health coverage that is supposed to happen in 2014.
- 9/5/2012The most significant changes under the Patient Protection and Affordable Care Act (ACA) are scheduled to go into effect in 2014. One of those changes is the imposition of shared responsibility penalties on large employers that fail to offer health coverage to all of their full-time employees (or offer health coverage to full-time employees that is deemed to be unaffordable or inadequate).
- 6/7/2012The future of the Patient Protection and Affordable Care Act (ACA) will be determined by the Supreme Court decision expected this month. In the meantime, the regulatory agencies have continued to develop guidance that will apply to employers' group health plans – assuming health care reform survives intact.
- 4/18/2012The Patient Protection and Affordable Care Act (PPACA) established the Patient-Centered Outcomes Research Institute to study the effectiveness of various treatments. The Institute's work will be supported by the Patient-Centered Outcomes Research (PCOR) fee.
- 2/15/2012An SBC is a standardized explanation of health coverage intended to help individuals make apples-to-apples comparisons of their options for health coverage. The Internal Revenue Service, Department of Labor and the Department of Health and Human Services (the Departments) published proposed SBC rules and an SBC template on August 22, 2011.
- 1/30/2012The IRS issued Notice 2012-9 on January 3, 2012, clarifying some of its earlier guidance in Notice 2011-28 on reporting the cost of health coverage on Form W-2. The aggregate cost of health coverage will be reported in Box 12 with Code DD, starting with 2012 Form W-2s (distributed in January 2013).
- 1/3/2012Starting in 2014, every non-grandfathered individual health insurance policy and insured small employer group health plan will have to cover essential health benefits.
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