Legal Alert – ADVISORY: District Court Judge in Texas Strikes Down the ACA, But Law Remains In Effect for Now

On Friday, a district court judge in Texas found the ACA to be unconstitutional after the Tax Cuts and Jobs Act’s changes to the ACA’s individual mandate penalty. The ACA remains in effect pending appeal of the judge’s decision, and employers are advised to continue to abide by the ACA’s employer mandate and reporting requirements.

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Legal Alert – IRS Increases Health FSA Contribution Limit for 2019, Adjusts Other Benefit Limits

On November 15, 2018, the Internal Revenue Service (IRS) announced an increase to the health Flexible Spending Account (FSA) salary reduction contribution limit of $50 to $2,700 for plan years beginning in 2019 along with other cost-of-living adjustments that apply to dollar limitations in certain sections of the Internal Revenue Code. This Legal Alert summarizes the adjustments relevant to individuals and employer sponsors of welfare and fringe benefit plans.

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Legal Alert – Medical Loss Ratio Rebates

The U.S. Department of Health and Human Services (“HHS”) has provided guidance on the Affordable Care Act’s (“ACA’s”) medical loss ratio (“MLR”) rule, which requires health insurers to spend a certain percentage of premium dollars on claims or activities that improve health care quality or provide a rebate to policyholders. HHS has released amended and final regulations (the “Regulations”), which govern the distribution of rebates by issuers in group markets. At the same time, the U.S. Department of Labor (“DOL”) issued Technical Release 2011-04 (“TR 2011-04″), which clarifies how rebates will be treated under the Employee Retirement Income Security Act of 1974 (“ERISA”).

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