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The Bolton Blog
24 August 2016

Recent Developments Related to HIPAA Compliance

There have been a number of recent developments related to compliance with the privacy and security rules under the Health Insurance Portability and Accountability Act (HIPAA). The Office for Civil Rights (OCR) within the Department of Health and Human Services (HHS) has provided guidance on a number of subjects and announced a large number of settlements with covered entities and,...
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18 August 2016

HHS Issues Appeal Request Form

The Department of Health and Human Services (HHS) has issued a form employers can use to appeal Marketplace notices. If an employer received a Marketplace notice stating that it may be subject to the Employer Shared Responsibility Payment, it can request an appeal by submitting this form or mailing a letter that includes the information requested on this form. Employers...
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15 August 2016

OSHA Puts Brakes on Post-Incident Drug Testing

The Occupational Safety and Health Administration (OSHA) will publicly post employer injury/illness reports beginning January 1, 2017. The new rule making this change also has two sections already in effect (as of August 10, 2016) related to post-incident drug testing. These sections identify two scenarios where employers may be penalized for using post-incident drug testing in a way that deters...
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11 August 2016

San Francisco’s HCSO Requires New Contribution Rates for 2017

Employers in San Francisco should be aware of a rate change in the Employer Spending Requirement (ESR) effective January 1, 2017. With the changes from San Francisco’s Health Care Security Ordinance (HCSO), businesses must meet the ESR requirements by making health care contributions on behalf of all covered employees. A “covered employee” is an individual that has been employed for...
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03 August 2016

Federal Agencies Increasing Penalties

Last year, Congress passed the Federal Civil Penalties Inflation Adjustment Act as part of the Bipartisan Budget Act. In accordance with the provisions of that Act, various Federal agencies have announced increased penalties. The new law requires Federal agencies to determine the last time penalties were increased and to publish updated penalties to adjust for inflation since that time. In...
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02 August 2016

State and Local Law Update

One of the most difficult things for human resource and workers’ compensation professionals to do is to keep up with changing State and local laws. Below is a brief summary of some new laws of interest: Chicago: Effective July 1, 2017, the City of Chicago will require employer to provide paid sick leave to employees. Delaware: Delaware has enacted a law making...
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29 July 2016

IRS Issues Proposed Regulations on Opt-Out Payments

The Internal Revenue Service has released proposed regulations on opt-out payments (sometimes known as waiver bonuses) allowing them to be used to determine affordability under the Affordable Care Act (ACA). The rule addresses the issue where some employers offer employees who decline coverage a cash opt-out payment that is conditional on the employee having coverage from another source. Last year, the...
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18 July 2016

Proposed Changes to 5500s

The Department of Labor (DOL), the Internal Revenue Service and the Pension Benefit Guarantee Corporation have proposed revisions to the Form 5500, effective with the 2019 Plan Year. The proposed rule includes a proposal that all group health plans, including small insured and self-funded welfare benefit plans, would need to file the Form 5500, instead of only those with 100 or...
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