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About this Blog
Welcome to the Snell & Wilmer Benefits Blog. We will be posting about current employee benefits and executive compensation topics and issues. We invite you to contact the authors with your thoughts or questions.Blog Contributors
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A Running Start: IRS Pilots New Pre-Examination Program
The Employee Plans Office of the Internal Revenue Service (the “IRS”) announced a new pre-examination program for retirement plans to begin as of June 2022. The pilot program is designed to reduce the amount of time and resources the IRS … Continue reading
Posted in audit, Employee Benefits, Qualified Retirement Plans
| Tagged audit, closing letter, EPCRS, IRS, IRS letter, new program, pilot program, pre-examination, qualified plan, retirement plans
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To the Moon After All? DOL Targets Cryptocurrency in Retirement Plans
In Compliance Assistance Release No. 2022-01 (the “Release”), the Department of Labor (the “Department”) signaled its intention to scrutinize inclusion of cryptocurrency assets and crypto-derivative products as investments in ERISA-covered retirement plans. In particular, the Release articulates the Department’s view … Continue reading
Posted in Employee Benefits, Qualified Retirement Plans
| Tagged 2022-01, audit, Bitcoin, brokerage window, Compliance assistance release, crypto, cryptocurrency, Department of Labor, DOL, EBSA, ERISA, fiduciary, investigation
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HHS to Start Randomly Selecting Health Plans for HIPAA Compliance – Are You Ready?
The CMS Division of National Standards, on behalf of HHS, is launching the Compliance Review Program (the “Program”) to ensure compliance among covered entities with HIPAA Administrative Simplification rules for electronic health care transactions. HHS will randomly select health plans … Continue reading
Posted in Health & Welfare Plans, Health Care Reform
| Tagged audit, Breach Notification, CMS, HHS, HIPAA, Privacy, Security
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2017 HIPAA Enforcement – Appears Not To Be Slowing Down
To state the obvious, there has been some uncertainty regarding how the Trump Administration will affect federal agency enforcement efforts. However, at least, in regard to HIPAA Privacy and Security, the U.S. Department of Health and Human Services (“HHS”) Office … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, HIPAA
| Tagged audit, audits, desk audit, ePHI, health reform, HHS, HIPAA, OCR, phase 1, phase 2, phase 3, Severino, Trump
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HIPAA Checkup – How Good Are Your Policies and Procedures?
Although it is not a new requirement, it is important and therefore worth a reminder: HIPAA requires covered entities to establish and implement written policies and procedures that are consistent with its Privacy and Security Rules. As discussed in an … Continue reading
Posted in Employee Benefits, Health & Welfare Plans
| Tagged audit, e-PHI, HHS audits, HIPAA, PHI, Policies and Procedures
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Five Ways to Survive a Department of Labor (“DOL”) Health and Welfare Plan Investigation
DOL health and welfare plan investigations are on the rise. There are best practices for plans chosen for investigation: 1. Get Employee Benefits Counsel Involved Early. The DOL investigation process generally starts with a letter from DOL requesting a long … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged audit, benefits counsel, closing letter, compliance, disclosures, document request, DOL, findings letter, HIPAA, interview, investigation, investigator, minimum necessary
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Now Is a Good Time to Revisit 409A Compliance
The IRS recently announced a Section 409A compliance initiative project. The IRS audit project will focus on approximately 50 employers, all of whom were previously identified for employment tax audits. The IRS indicated that it will focus its examination on: … Continue reading
Posted in Employee Benefits, Executive Compensation
| Tagged 409A, audit, deferred compensation, Executive Compensation, IRS
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