Nondiscrimination Testing for Employers

Council Services Plus has formed a partnership with Watson and West, LLP to assist employers with nondiscrimination testing requirements. We are following the legislation and updates to keep abreast of the mandate. We have the resources and expertise to provide the testing requirements once the rules and regulations are established. It will be imperative for employers to satisfy these rules to avoid penalties under section 2716 of the Public Health Services Act (PHSA).

You are receiving this email as a courtesy to help you and your organization prepare for compliance with this aspect of The Patient Protection and Affordable Care Act (PPACA).

Employers are familiar with Section 105(h) testing for retirement plans. PPACA includes similar testing for group health plans to ensure that highly compensated employees (HCE) do not receive favorable treatment in comparison to rank-and-file employees. The full picture of the impact is not yet available due to administrative reviews by the IRS and other federal government agencies; however, we can anticipate that employer groups with 100 employees or more will be required to perform nondiscrimination testing similar, but not the same as, Section 105(h). Oversight of nondiscrimination testing for health plans is shared by the US Departments of Treasury, Labor and HHS.

At this time, please be aware that nondiscrimination requirements focus on plan benefits, eligibility, premium contribution, and administration of benefits to prohibit employers from granting highly compensated employees health benefits that are more generous than the general population of employees. We anticipate clarification of regulations to be available around May. If you are interested in learning more details of the legislation, or want us to keep you informed regarding updates to the regulations, please feel fre to contact us.

For more information or questions concerning the above, please contact Cathy Connors, at (800) 515-5012 x131; or via email at cconnorscconnors@councilservicesplus.com