Alden Bianchi
Subscribe to Alden Bianchi's PostsAlden J. Bianchi is an experienced Employee Benefits and Executive Compensation lawyer who advises corporate, not-for-profit, governmental and individual clients on a broad range of executive compensation and employee benefits matters, including qualified and non-qualified retirement plans, health and welfare plans. Read Alden Bianchi's full bio.
IRS Clarifies Status of Fixed-Indemnity Health Plans Claiming Big Tax Savings
By Alden Bianchi on Jul 20, 2023
Posted In Employee Benefits, Health and Welfare Plans
A recent Internal Revenue Service (IRS) memorandum addresses the tax status of certain fixed-indemnity health plans that promise employers major payroll tax savings. In this American Staffing Association article, Alden J. Bianchi summarizes the memorandum and outlines what employers need to know. Read the article.
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Fixing the ACA’s Family Glitch
By Alden Bianchi and Teal Trujillo on Jul 13, 2023
Posted In Employee Benefits, Health and Welfare Plans
The “family glitch” was a regulatory oddity of the Affordable Care Act (ACA). It required the affordability of an employer-sponsored health plan to be determined based solely on the cost of the plan to an individual employee, disregarding the costs to add family members to a plan. This resulted in many families being ineligible for...
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HIPAA Compliance 101: Lessons from a Recent OCR Settlement
By Alden Bianchi on Jul 10, 2023
Posted In Employee Benefits, Health and Welfare Plans
The US Department of Health and Human Services Office for Civil Rights (OCR) recently announced a settlement with a community hospital resolving an investigation under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy and security rules. While the settlement involved a medical provider, it offers some important lessons for other HIPAA-covered entities,...
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SECURE 2.0 Act and the Future of the Employee Plans Compliance Resolution System
By Alden Bianchi and Sarah L. Engle on Jul 6, 2023
Posted In Employee Benefits, Retirement Plans, SECURE 2.0 Act
The Internal Revenue Service’s (IRS) Employee Plans Compliance Resolution System (EPCRS) allows employers to correct errors involving the maintenance and operation of tax-qualified retirement plans. The correction programs and options that make up EPCRS have, until now, been established exclusively in a series of IRS notices and revenue procedures dating back more than 30 years....
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IRS Issues Reminder that Claims Under Health and Dependent Care FSAs Must Be Substantiated
By Jacob Mattinson, Sarah Raaii, Alden Bianchi and Teal Trujillo on Jun 1, 2023
Posted In Employee Benefits, Health and Welfare Plans
The Internal Revenue Service (IRS) recently issued a Chief Counsel Advice memorandum to remind sponsors of health and dependent care flexible spending arrangements (FSAs) about their responsibility to adequately substantiate claims in order to receive favorable tax treatment under Section 125 of the Internal Revenue Code (the Code). The IRS emphasizes that the standards for...
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Buyer Beware: The Newest Wave of Hospital/Fixed Indemnity Programs Promising Payroll Tax Savings
By Alden Bianchi on May 31, 2023
Posted In Employee Benefits, Health and Welfare Plans
For decades, promoters have marketed programs to employers seeking to leverage the favorable tax treatment accorded employer-provided medical benefits. These programs are variously described as “wellness” or “preventive services” arrangements, and they are usually wrapped in or offered with hospital indemnity policies. While varying in their design features and terminology, these programs all hold out...
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Preparing for the End of the COVID-19 Emergency: Deadline Tolling
By Jacob Mattinson, Sarah Raaii, Alden Bianchi and Teal Trujillo on May 18, 2023
Posted In Employee Benefits, Health and Welfare Plans
The Biden administration previously announced its intent to end the COVID-19 National Emergency (NE) and the COVID-19 Public Health Emergency (PHE) on May 11, 2023 (read our series introduction for more information). On April 10, 2023, President Biden signed a resolution moving up the end of the NE to April 10, 2023 (the PHE ended...
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From Clinic to Courtroom: Legislation and Litigation Limiting Prescription Practices
By Alden Bianchi on May 10, 2023
Posted In Employee Benefits, Health and Welfare Plans
On April 20, 2023, McDermott’s Alden Bianchi was a speaker at the ERISA Industry Committee’s 2023 Annual Spring Policy Conference, which was held at the National Press Club in Washington, D.C. The panel in which he participated was entitled “From Clinic to Courtroom – Legislation and Litigation Limiting Prescription Practices,” and it covered three main...
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Tri-Agencies Address Preventive Services Coverage in the Wake of Braidwood
By Sarah Raaii, Jacob Mattinson, Alden Bianchi and Teal Trujillo on May 5, 2023
Posted In Employee Benefits, Health and Welfare Plans
The US Departments of Labor, Health and Human Services, and the Treasury (the Departments) have released a series of Frequently Asked Questions (FAQs) in response to Braidwood Mgmt. Inc. v. Becerra, a recent case that invalidated a portion of the Affordable Care Act (ACA) preventive services mandate. The FAQs aim to address inquiries from stakeholders,...
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Preparing for the End of the COVID-19 Emergency: High-Deductible Health Plans and Health Savings Accounts
By Jacob Mattinson, Sarah Raaii, Alden Bianchi and Teal Trujillo on May 3, 2023
Posted In Employee Benefits, Health and Welfare Plans
The Biden administration originally announced its intent to end the COVID-19 National Emergency (NE) and the COVID-19 Public Health Emergency (PHE) on May 11, 2023 (read our prior article for more information). Although the end date of the NE was subsequently advanced to April 10, 2023, by Congressional resolution, the US Departments of Labor, Health and Human...
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