Clear up any confusion about the ACA 'Pay or Play' mandates and avoid penalties.
Employers that offer employer-sponsored insured or self-insured plans, including small businesses that offer SHOP plans, remain confused about the effect of the repeal of the individual mandate penalty and about the muddled state of the Administration's executive actions to 'implode' the ACA. Lawsuits brought by several states, insurers, employers, and individuals have challenged those executive actions as unlawful and as likely to cause the cost of employer-provided health care coverage and the cost of coverage on the public exchanges to spike. This topic should help those persons responsible for employer compliance with the ACA and for cost issues associated with offering employer-sponsored health plans. The material will assist employers in avoiding the substantial penalties that the IRS has and will assess against employers whose health plans do not comply with ACA Pay or Play Mandates that survive even after Congress phased out the individual penalty to zero at the end of 2017. This topic will also describe the procedures for challenging IRS 226J Letters assessing employer shared responsibility penalties. Finally, the topic will address the 'unintended consequences' of the Administration's executive actions: potential increased costs for employer-sponsored plans.
Agenda
Faculty
Diane M. Soubly
Butzel Long
- Of counsel with Butzel Long
- Has more than 35 years of experience representing employers, fiduciaries, plans and plan sponsors in ERISA and employee benefit litigation, both individual lawsuits and class actions
- One of a select few attorneys nationally who have been elected Fellows of both the College of Labor and Employment Lawyers and the American College of Employee Benefits Counsel
- Repeatedly included in Best Lawyers, a Michigan and Illinois Super Lawyer in Employee Benefits and Employment Litigation-Management; Best Lawyers Lawyer of the Year, 2019, Ann Arbor, Michigan
- Has written extensively on ERISA preemption, the Affordable Care Act, spousal equivalency benefits, the demise of DOMA §3, the Trump Administration’s executive actions relating to the Affordable Care Act, and the Biden Administration’s actions relating to the Affordable Care Act during the COVID-19 pandemic and beyond
- Frequent writer of amicus briefs for national associations including the U.S. Chamber of Commerce and the American Benefits Council
- Presented on benefits litigation for such organizations as the ABA Joint Committee on Employee Benefits, the American Law Conference, and the board of directors of the American Benefits Council
- Has contributed to supplements of the ABA Employee Benefits Law and the Fiduciary Answer Book
- Contributory Editor of the Benefits Law Journal, writing extensively on litigation relating to Affordable Care Act and other issues
- Co-Editor-in-Chief, Bloomberg Workplace Harassment Law treatise, 2d edition, 2018, and online update for 2020 pending
- As a member of the Board of Directors of the American Benefits Council from 2007 to 2010, she served on its health care reform task force analyzing various presidential candidate health care reform proposals and the Affordable Care Act
- Can be contacted at 734-213-3625 or [email protected]
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