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Nondiscrimination Testing for Health Plans: Code Section 105(h) and Post-ACA Design Alternatives

Gain a solid understanding of nondiscrimination rules and testing to develop a cost effective compliance program for your organization. The Affordable Care Act explicitly prohibits eligibility exclusions and discrimination based on compensation, health status, protected classifications, and excess waiting periods. These rules build on prior Internal Revenue Code rules that protected rank and file employees from discrimination and protected certain vulnerable groups, like the sick and disabled. Post Affordable Care Act, employers and health coverage providers are increasingly sensitive to perceived and actual discrimination. There is a renewed effort to design programs to avoid discrimination and to test actual operations to ensure that those designs translate into actual protections. In this topic you will gain a basic understanding of nondiscrimination rules and testing so that you can develop cost effective strategies to meet the compliance obligation, avoid lawsuits, and direct your organization toward health benefit offerings that are both facially and operationally nondiscriminatory.


Runtime: 86 minutes
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

IRC Nondiscrimination Rules

  • Current Self-Funded Health Plan Nondiscrimination Rules
  • The Prohibited Group
  • Code §105(h)
    • The Benefits Test
    • The Eligibility Test
  • Restructuring
  • Insured Health Plan Nondiscrimination Rules

Health Status

Protected Classifications

  • HHS Rules
  • Religious Exemptions
  • Communication With Individuals With Limited English Proficiency and With Individuals With Disabilities

Waiting Periods

Union Plans

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on December 5, 2018.

Call 1-866-352-9540 for further credit information.

  • ASA 1.25
     
  • This program qualifies for 1.25 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Tonie Bitseff

Tonie Bitseff

Buchalter

  • Member of the Labor & Employment Practice Group in Buchalter’s Seattle office
  • Provides advice regarding compensation and benefits and serves as ERISA counsel to employee benefit plans and employers
  • Addresses legal issues in design, implementation, administration, corrections, and conflict resolution related to health plans, severance plans, life insurance, disability benefits, wellness plans, 125 plans, individual account plans (HSAs, FSAs, and HRAs), and retirement plans
  • Assists clients with design, diligence review, internal audits, benefit outsourcing, vendor management, coverage issues, ERISA fiduciary liability, ERISA claims and appeals processes, and government audits
  • She serves as ERISA counsel supporting contract negotiations and business transactions such as mergers and acquisitions
  • LL.M. degree in taxation and compensation, University of Washington School of Law; J.D. degree, Seattle University School of Law; B.A. degree in speech communications, University of Washington
  • Can be contacted at 206-219-7042 or [email protected]
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 404717
Published 2018
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