Health Care Reform's Impact on Employers and Employee Benefit Plans

[T]he Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act... (collectively, the "PPACA" or the "Act")... will provide... new mandates on what needs to be included in health plans, new reporting and disclosure requirements, new subsidies...

New Rules on Extension of Health Plan Coverage to Children Up to Age 26

LEGAL ALERT May 12, 2010 An interim final rule implementing the mandatory extension of health plan coverage to children up to age 26, as passed under the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act (together, the Affordable Care Act), has...

The Tax Treatment of Health Coverage for Children Up to Age 26

The Patient Protection and Affordable Care Act (PPACA) and the Health Care and Education Reconciliation Act of 2010 include provisions that require health plans to extend coverage to children of employees up to age 26, regardless of whether the child is a dependent or a full-time student. ... On...

Plan Amendments Required in 2010

LEGAL ALERT May 18, 2010 As we approach the midway point of 2010, plan sponsors should be aware of amendments that may be required to be made by the end of the year under the Pension Protection Act of 2006 (PPA), the Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART Act), the Worker...

Qualifying Health-Sciences Companies Should Act Quickly to Secure Available Tax Credits and Grants for Investments in Therapeutic Discovery Projects

The Patient Protection and Affordable Care Act of 2010 has added a section to the Internal Revenue Code, providing a 50 percent tax credit for eligible taxpayers who invest in qualified therapeutic discovery projects in 2009 and 2010. The Patient Protection and Affordable Care Act of 2010 added...

GOP Senator Calls for Rollback on New Form 1099 Requirements

Sen. Mike Johanns, R-Neb., on July 26 called on Congress to roll back an expansion of Form 1099 information reporting requirements included in the recent healthcare reform law... Johanns recently introduced S. 3578, the Small Business Paperwork Mandate Elimination Act, which would repeal the new Form...

Proposed Credit Card Exemption Doesn't Allay Business Anger Over Payment Reporting Law

Despite an IRS and Treasury proposal to exempt payment card purchases from newly expanded Form 1099 reporting requirements, the general business community is flooding the Service with comments and calling for repeal of the entire provision. The Patient Protection and Affordable Care Act ( P.L. 111-148...

IRS Issues Guidance Delaying Enforcement of Nondiscrimination Rules for Insured Health Plans

By Carol A. Weiser and Vanessa A. Scott On December 23, 2010, the IRS issued Notice 2011-1 regarding the application of the nondiscrimination rules under Internal Revenue Code (Code) section 105(h) to non-grandfathered insured group health plans pursuant to the Patient Protection and Affordable Care...

IRS Issues Guidance on the Deduction Limitation of Code Section 162(m)(6)

By Carol A. Weiser and Vanessa A. Scott On December 23, 2010, the Internal Revenue Service issued Notice 2011-2, providing long-awaited guidance on the application of Internal Revenue Code (Code) section 162(m)(6) as added by the Patient Protection and Affordable Care Act (PPACA). The guidance provides...

More Focus on Sin Taxes Needed in Health Care Debate

House passage of H.R. 2, the Repealing the Job-Killing Health Care Law Act, starts the bidding in what is certain to take years to resolve the health care crisis. Attention to health care reform excise taxes will only intensify as judicial and legislative action unfolds in challenges to the Patient Protection...

Health Care Reform Intensifies Tax-Exempt Hospital Compliance Requirements

Editor's Note : The following is an excerpt from Tax Planning for Partners, Partnerships and LLCs § 15.03[3] (Matthew Bender). ... The Patient Protection and Affordable Care Act, P.L. 111-148 (March 23, 2010) enacted new IRC Section 501(r) , which provides specific requirements for hospitals...

Health Care Reform Intensifies Tax-Exempt Hospital Compliance Requirements

The Patient Protection and Affordable Care Act, P.L. 111-148 (March 23, 2010) enacted new IRC Section 501(r) , which provides specific requirements for hospitals that wish to receive or maintain tax-exempt status under IRC Section 501(c)(3) . [ See Notice 2010-39, 2010-1 C.B. 756 (I.R.S. 2010) .] The...

Health Care Reform Intensifies Non-Profit Hospital Compliance Requirements

The Patient Protection and Affordable Care Act, P.L. 111-148 (March 23, 2010) enacted new IRC Section 501(r) , which provides specific requirements for hospitals that wish to receive or maintain tax-exempt status under IRC Section 501(c)(3) . [ See Notice 2010-39, 2010-1 C.B. 756 (I.R.S. 2010) .] The...

Small Business Relief! Expanded 1099 Reporting Repealed

On April 14, 2011, President Obama signed into law the Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011 ( P.L. 112-9 ) which repeals the expanded Form 1099 reporting requirements for businesses that resulted from the enactment of the Patient Protection...

Sutherland Legal Alert: Repeal of Expanded Form 1099 Reporting Requirements Signed into Law

By William R. Pauls , Carol P. Tello , and Robert S. Chase On April 14, 2011, the President signed into law H.R. 4, the Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011 (the Act), which repeals the expanded Form 1099 reporting requirements for businesses...

Potential Changes to "Orphan Drug" Exclusions Under the Patient Protection and Affordable Health Care Act

In July 2003, my father was diagnosed with renal cell carcinoma (kidney cancer). The disease would end his life in less than a year. Shortly after he died, news broke regarding a drug that was showing promise for advanced stage kidney cancer patients. The drug could extend life for an average of three...

Group Health Plan Reporting Requirements: Delays, Rumors, Cadillacs Under Attack

Included as part of the Patient Protection and Affordable Care Act (PPACA) (signed into law by President Obama on March 23, 2010) was new IRC Section 6051(a)(14) . A very small change to a preexisting code section and subsection, the one line addition imposes new Form W-2 information reporting requirements...

Group Health Plan Reporting Requirements: Delays, Rumors, Cadillacs Under Attack

Included as part of the Patient Protection and Affordable Care Act (PPACA) (signed into law by President Obama on March 23, 2010) was new IRC Section 6051(a)(14) . A very small change to a preexisting code section and subsection, the one line addition imposes new Form W-2 information reporting requirements...

IRC § 162(m)(6): A Game Changer in the Healthcare Insurance Arena

Update on "Obamacare" and the Individual Health Insurance Mandates Judicial challenges to the Patient Protection and Affordable Health Care Act of 2010, P.L. 111-148 have been plentiful pretty much since its enactment and I discussed this briefly in a commentary earlier this year. See "Group...

IRC § 162(m)(6): A Game Changer in the Healthcare Insurance Arena

Update on "Obamacare" and the Individual Health Insurance Mandates Judicial challenges to the Patient Protection and Affordable Health Care Act of 2010, P.L. 111-148 have been plentiful pretty much since its enactment and I discussed this briefly in a commentary earlier this year. See "Group...

IRC § 162(m)(6): A Game Changer in the Healthcare Insurance Arena

Update on "Obamacare" and the Individual Health Insurance Mandates Judicial challenges to the Patient Protection and Affordable Health Care Act of 2010, P.L. 111-148 have been plentiful pretty much since its enactment and I discussed this briefly in a commentary earlier this year. See "Group...

Pepper Hamilton LLP: IRS Provides Additional Guidance on Form W-2 Informational Reporting Requirements

By Michael A. Kadlec and Joseph F. Murphy On January 3, 2012, the Internal Revenue Service issued Notice 2012-9 (available at http://www.irs.gov/pub/irs-drop/n-12-09.pdf ), which restates and clarifies previously issued guidance on the requirement under the Patient Protection and Affordable Care...

Is Tax Litigation Irrational?

According to Supreme Court barrister Robert A. Long it may well be. Our beloved world of tax litigation had its 15 minutes of fame this morning as the first argument challenging President Obama's health care law involved the applicability of the Anti-Injunction Act. Probably best known among tax...

Proposed Regs Clarify Charitable Hospital Organization Requirements

The Patient Protection and Affordable Care Act added IRC Section 501(r) , which imposes detailed conditions on a hospital organization seeking exemption under IRC Section 501(c)(3) . In addition to satisfying the requirements of IRC Section 501(c)(3) , hospital organizations must also meet the: community...

Obamacare Survives Under Power of Taxation

In the Supreme Court's decision in National Federation of Independent Business v. Sebelius, 132 S. Ct. 2566 (June 28, 2012) , the Court determined the constitutionality of the most controversial provision of the Patient Protection and Affordable Health Care Act of 2010 ( P.L. 111-148 , also known...