The Washington Post reports a critical function of the federal government’s new health insurance marketplace for small businesses has been pushed back for a second time. The Centers for Medicare and Medicaid Services announced that employers will not be able to enroll in plans through the SHOP until the end of November. Under the first delay, small employers were slated to begin enrolling their employees in health insurance plans on Friday, November 1st.
Last week, the Obama administration extended the deadline for individuals to sign up for health insurance before facing tax penalties under the Affordable Care Act (“ACA”) to March 31, 2014. The announcement delays the tax provisions associated with the ACA and gives individuals extra time to purchase health insurance. The delay is a welcomed reprieve for individuals who have struggled to purchase health insurance amidst the failed launch of HealthCare.gov earlier this month.
Ms. Mysliwiec is currently the Assistant Editor of the Michigan Probate and Estate Planning Journal. She is a member of both the Probate and Estate Planning and the Elder Law and Disabilities Rights sections of the State Bar of Michigan. She is also a member of the Western Michigan Estate Planning Council. Ms. Mysliwiec has completed the Probate and Estate Planning Certificate Program through the State Bar of Michigan and the Institute of Continuing Legal Education, as well as being an accredited attorney by the Department of Veteran Affairs.
In 1998, Super Lawyers launched Rising Stars in Minnesota to recognize the top up-and-coming attorneys in the state — those who are 40 years old or younger, or who have been practicing for 10 years or less, as nominated by their peers.
The ACA stands poised to usher in sweeping changes for many entities. Leaders need answers on how the ACA is going to impact their operations. Multiple regulations and shifting timetables, however, make it difficult to measure – and almost impossible to predict – what those changes can mean for you.
Do you have questions about the Affordable Care Act? Are you unsure of how to navigate the Health Insurance Marketplace? Are you curious about what changes you can expect in the future? Join Fraser Trebilcock and the Lansing Regional Chamber of Commerce for the final seminar in a three-part series on health care reform.
Navigating the ACA Marketplace: Guidance for Small Businesses and Individuals
University Club, 3435 Forest Road, Lansing
November 13, 2013
Michael James, Senior Health Care and Business Attorney from Fraser Trebilcock, will present the keynote presentation. Topics include:
- Background on the Affordable Care Act and Health Insurance Marketplace
- Why have there been delays with the Marketplace? What are the impacts of delays?
- How does the Marketplace work? What can I expect when I purchase insurance through the Marketplace?
- Should my small business purchase insurance through the SHOP?
- What changes can be expected with the Marketplace in the future?
- What are private health exchanges?
This is a FREE event, but please register by contacting Jennifer Wagemann at firstname.lastname@example.org or 517.853.6456.
To find out more about the impact that the Affordable Care Act has on health care and your business, contact Health Care Department Chair Jonathan Raven at email@example.com or 517.377.0816, or our Employee Benefits Department Co-Chair Elizabeth H. Latchana at firstname.lastname@example.org or 517.377.0826.
On June 26, 2013, the United States Supreme Court issued one of its most highly anticipated decisions in United States v. Windsor. In that opinion, the Court ruled that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional because it violates the Fifth Amendment’s guarantee of equal protection. Section 3 had limited the terms “marriage” and “spouse” to opposite-sex couples for purposes of all federal laws. As a result, same-sex marriages that are valid under state law now must also be recognized for federal law purposes.
While on the surface this appears to be a primarily social issue, the Windsor decision will also have major implications for the operation of employee benefit plans, as they are principally governed by the Code and the Employee Retirement Income Security Act (ERISA), both federal laws.
The Patient Protection and Affordable Care Act (ACA) has brought sweeping changes throughout our country since its inception, affecting individuals and businesses alike with countless mandates, and imposing penalties and taxes for noncompliance. In 2014, individuals must secure health care coverage or face taxation. The counterpart to this provision requires employers that employ at least 50 full-time employees (including full-time equivalent employees) (Applicable Large Employers)[i] to offer affordable coverage to their full-time employees or, as with the individual mandate, face a penalty.[ii] Although the employer shared responsibility mandate, found in section 4980H and its related proposed regulations (Pay or Play Mandate), has been delayed until 2015, Applicable Large Employers should waste no time and take this opportunity to carefully strategize their approach toward compliance, including (1) analyzing their employee population, (2) ensuring that coverage is affordable and provides minimum value, and (3) contemplating how and when to calculate full-time employee status, either on a monthly basis or by using the safe harbor look-back provisions (found in the proposed regulations) in which they need to set measurement periods and subsequent stability periods, and decide whether to use administrative periods.[iii] Additionally, many employers must substantially revise their eligibility criteria, amend plan documents, and update policies, procedures, handbooks and other materials to reflect the new standard for full-time eligibility and, if applicable, continuation of coverage during a subsequent stability period. With these mountainous tasks loaded upon employers, one simple question may be forgotten: “Who are my employees?”
Fraser Trebilcock Attorney Marlaine C. Teahan was recently selected by her peers for inclusion in The Best Lawyers in America© 2014 in the field of Trusts and Estates. She was also selected as a Super Lawyer for 2014 in the field of Estate Planning & Probate and Estate and Trust Litigation. Best Lawyers© is based on an exhaustive peer-review survey in which almost 50,000 leading attorneys cast nearly five million votes on the legal abilities of other lawyers in their practice areas; Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.
Mr. Wilson has been working in the areas of estate planning, probate and trust administration for over 22 years. He has completed the Probate and Estate Planning Program, and has achieved an AV peer review rating by Martindale-Hubbell. He has published a monthly column on Estate Strategies in the Ingham County Legal News since 2009. Mr. Wilson is admitted to the U.S. Supreme Court, Sixth Circuit Court of Appeals, and the U.S. Tax Court.
Best Lawyers© is based on an exhaustive peer-review survey in which almost 50,000 leading attorneys cast nearly five million votes on the legal abilities of other lawyers in their practice areas; because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers© is considered a singular honor.
Fraser Trebilcock Attorney Max R. Hoffman was recently selected by his peers for inclusion in The Best Lawyers in America© 2014 in the field of Administrative/Regulatory Law. He was also selected as a Super Lawyers for 2014 in the field of Health Care.
Mr. Hoffman’s practice includes a special focus in healthcare professional licensing and defense of healthcare providers facing criminal or civil healthcare fraud and abuse charges. He was named a Fellow of the State Bar of Michigan in recognition of outstanding contributions to the Health Law Section in 2012. A Director of the Ingham County Bar Foundation, Mr. Hoffman is past President of the Ingham County Bar Association and Administrative Law Council of the State Bar of Michigan.