Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the wordpress-seo domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /home/clevelandbenefit/public_html/wp-includes/functions.php on line 6114

Warning: Cannot modify header information - headers already sent by (output started at /home/clevelandbenefit/public_html/wp-includes/functions.php:6114) in /home/clevelandbenefit/public_html/wp-includes/rest-api/class-wp-rest-server.php on line 1893

Warning: Cannot modify header information - headers already sent by (output started at /home/clevelandbenefit/public_html/wp-includes/functions.php:6114) in /home/clevelandbenefit/public_html/wp-includes/rest-api/class-wp-rest-server.php on line 1893

Warning: Cannot modify header information - headers already sent by (output started at /home/clevelandbenefit/public_html/wp-includes/functions.php:6114) in /home/clevelandbenefit/public_html/wp-includes/rest-api/class-wp-rest-server.php on line 1893

Warning: Cannot modify header information - headers already sent by (output started at /home/clevelandbenefit/public_html/wp-includes/functions.php:6114) in /home/clevelandbenefit/public_html/wp-includes/rest-api/class-wp-rest-server.php on line 1893

Warning: Cannot modify header information - headers already sent by (output started at /home/clevelandbenefit/public_html/wp-includes/functions.php:6114) in /home/clevelandbenefit/public_html/wp-includes/rest-api/class-wp-rest-server.php on line 1893

Warning: Cannot modify header information - headers already sent by (output started at /home/clevelandbenefit/public_html/wp-includes/functions.php:6114) in /home/clevelandbenefit/public_html/wp-includes/rest-api/class-wp-rest-server.php on line 1893

Warning: Cannot modify header information - headers already sent by (output started at /home/clevelandbenefit/public_html/wp-includes/functions.php:6114) in /home/clevelandbenefit/public_html/wp-includes/rest-api/class-wp-rest-server.php on line 1893

Warning: Cannot modify header information - headers already sent by (output started at /home/clevelandbenefit/public_html/wp-includes/functions.php:6114) in /home/clevelandbenefit/public_html/wp-includes/rest-api/class-wp-rest-server.php on line 1893
{"id":561,"date":"2023-11-08T19:38:34","date_gmt":"2023-11-08T19:38:34","guid":{"rendered":"https:\/\/clevelandbenefitpartners.com\/?p=561"},"modified":"2023-11-08T19:38:34","modified_gmt":"2023-11-08T19:38:34","slug":"compliance-recap-october-2023","status":"publish","type":"post","link":"https:\/\/clevelandbenefitpartners.com\/compliance-recap-october-2023\/","title":{"rendered":"Compliance Recap October 2023"},"content":{"rendered":"
ADJUSTED CIVIL PENALTIES<\/h5>\n

The U.S. Department of Health and Human Services (HHS) has recently announced adjustments to civil penalties related to violations of the Health Insurance Portability and Accountability Act (HIPAA), the Affordable Care Act (ACA), and the Medicare Secondary Payer (MSP) rules. These penalty adjustments take into account inflation and are applicable to violations that occurred on or after November 2, 2015, and for which penalties are assessed on or after October 6, 2023.<\/p>\n

HIPAA, which focuses on privacy and security rules, categorizes penalties based on the level of intention behind the violation.<\/p>\n

\"\"<\/p>\n

The maximum penalty for failing to provide an SBC to eligible individuals before enrollment (or re-enrollment) in a group health plan has increased from $1,264 to $1,362.<\/p>\n

The Medicare Secondary Payer (MSP) rules prevent employers from providing incentives to Medicare beneficiaries to waive or terminate primary group health plan coverage. The maximum penalty for not complying with MSP rules has increased to $11,162 from $10,360. Furthermore, the maximum penalty for failing to inform HHS when a group health plan is or was primary to Medicare has risen to $1,428 from $1,325.<\/p>\n

EMPLOYER CONSIDERATIONS<\/h5>\n

To avoid these penalties, employers should carefully review their plan documents and operations to ensure compliance with the HHS-related requirements.<\/p>\n

2023 LIMITS ANNOUNCED FOR HDHPS, HSAS, FSAS<\/h5>\n

The Internal Revenue Service (IRS) announced the new limits for high-deductible health plans (HDHPs), health savings accounts (HSAs), and Dependent Care Assistance Plans (DCAPs), and health flexible spending arrangements (FSAs). The new limits take effect beginning January 1, 2024.<\/p>\n

\"\"<\/p>\n

MINNESOTA PAID SICK AND SAFE LEAVE LAW<\/h5>\n

Minnesota has recently passed a statewide\u00a0paid sick and safe time leave law<\/a>\u00a0set to take effect on January 1, 2024. This law mirrors similar laws already in place in four Minnesota cities\u2014Minneapolis, St. Paul, Duluth, and Bloomington. The key feature of the state law is the “front loading method,” which allows employers to provide employees with 48 hours of earned sick and safe time (ESST) in the first year of employment. Employers can pay out the value of unused hours at the end of the year and avoid carrying over unused hours into the next year.<\/p>\n

EMPLOYER CONSIDERATIONS<\/h5>\n

This option provides flexibility for employers in managing employee leaves of absence. Local ordinances are not preempted by the state law, and employers must follow the most protective provisions of the state or local ordinances. The determination of which is more protective depends on whether more leave or monetary benefits are considered more beneficial for employees. See the\u00a0FAQs<\/a>\u00a0for more information.<\/p>\n

CALIFORNIA EXPANDS PAID SICK LEAVE<\/h5>\n

On October 4, 2023, Governor Gavin Newsom signed\u00a0Senate Bill No. 616<\/a>\u00a0into law, amending California’s paid sick leave regulations. The key changes introduced by SB 616 are:<\/p>\n