Category Archives: Health Plans

Take Your Preventive Medicine


Better planning and management can head off most but not all problems. Sometimes stuff happens even when you do everything right. Either way, better management usually minimizes the damage and makes it easier to clean up the mess. It’s never … Continue reading

Posted in Bankruptcy, Board of Directors, CEO, CFO, Compliance, Cyber, D&O, Data Security, Director Liability, E&O, Employee Benefits, Employment, ESOP, Fiduciary Responsibility, Fraud, Health Plans, Internal Controls, Labor Relations, Leadership, M&A, Officers, Officers Liability, Performance Management, Privacy, Reductions In Force, Reengineering, Retirement Plans, Risk Management, Shareholder Liability, Stock Plans, Tax, Teaming, Turnaround Management, Workforce Management | Tagged , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Businesses Must Prepare To Respond For Potential Data Breach To Timely Meet Notice & Other Response Duties


Businesses that experience data breaches affecting customer banking credit card, tax, social security or certain other personal financial or other sensitive information like those reported by like Chipotle, Target, Home Depot and a growing multitude of other businesses generally bear a legal … Continue reading

Posted in Board of Directors, CEO, CFO, Compliance, Cyber, D&O, data breach, Data Security, Director Liability, E&O, Employee Benefits, Employment, Fiduciary Responsibility, Fraud, Health Plans, Internal Controls, Leadership, Officers, Officers Liability, Performance Management, Privacy, Retirement Plans, Tax | Leave a comment

Supreme Court Ruling Boosts Arbitration Agreements’ Enforcability 


Employers and businesses should review their options to use arbitration and possible enhanced duty to arbitrate under arbitration agreements based on new SCOTUS Kindred Health decision. Continue reading

Posted in Arbitration, Board of Directors, CEO, CFO, Compliance, Data Security, Deferred Compensation Plans, Director Liability, Dispute Resolutuon, E&O, Employee Benefits, Employment, Fraud, Health Plans, Internal Controls, Labor Relations, M&A, Officers, Officers Liability, Performance Management, Privacy, Reductions In Force, Reengineering, Retirement Plans, Risk Management, Shareholder Liability, Stock Plans, Turnaround Management, Workforce Management | Tagged , , | Leave a comment

10 Practical Pointers To Use Law To Better Strengthen The Legal Defensibility Of Your Business & Its Leaders


Businesses and their leaders struggling to managing the ever-changing and constantly growing regulatory and other legal risks inherent in operating a business in today’s litigation and enforcement-charged environment often miss invaluable opportunities by failing to take certain basic steps that strengthen their liability defenses and the effectiveness of their risk management and compliance efforts.

While each organization and leader needs to carefully tailor its organizational risk management and compliance programs to meet the unique needs and challenges of its operations, all risk management and compliance efforts generally should incorporate and operate on at least each of the following 10 Corporate Governance processes:
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Posted in Bankruptcy, Board of Directors, CEO, CFO, Compliance, D&O, Data Security, Deferred Compensation Plans, Director Liability, Director Liabiloity, Employee Benefits, Employment, Fiduciary Responsibility, Fraud, Health Plans, Internal Controls, Labor Relations, M&A, Officers Liability, Privacy, Reductions In Force, Reengineering, Retirement Plans, Risk Management, Shareholder Liability, Stock Plans, Tax, Turnaround Management | Tagged , , , , , , , , , , , , | 1 Comment

IRS Guidance On Section 1446 Withholding Tax On Foreign Individual Partners Released


The Internal Revenue Service is publish a clarifying correction to fix potentially misleading information in its final regulations for reporting and withholding of foreign income by foreign financial institutions for 2014. As corrected, the correction with provide, “With respect to … Continue reading

Posted in CEO, Director Liabiloity, Employee Benefits, Employment, Fiduciary Responsibility, Health Plans, Tax | Tagged , , , , , , , , , , | Leave a comment

IRS Releases Stats on Taxpayers Earning More Than $200K


The Internal Revenue Service today announced the spring 2014 issue of the Statistics of Income Bulletin is now available, featuring information on high-income individual income tax returns filed for tax year 2011. The Spring 2014 Statistics of Income Bulletin just … Continue reading

Posted in CEO, Director Liabiloity, Employee Benefits, Employment, Fiduciary Responsibility, Health Plans, Tax | Tagged | Leave a comment

J.P. Morgan Chase Hit For $461M For Madoff-Related Bank Secrecy Act Violations


The Financial Crimes Enforcement Network (FinCEN)  today fined J.P. Morgan Chase Bank, N.A. $461 million for willfully violating the Bank Secrecy Act (BSA) by failing to report suspicious transactions arising out of Bernard L. Madoff’s decades-long, multi-billion dollar fraudulent investment … Continue reading

Posted in CEO, Director Liabiloity, Employee Benefits, Employment, Fiduciary Responsibility, Health Plans, Tax | Tagged , , , , , , , , , , , , , , , , , , , , , , | 1 Comment

IRS Shares Procedures To Seek Tax-Exemption Reinstatement For Non-Filers


Tax-exempt organizations that fail to file required returns on a timely basis risk losing their tax exemption under Section 6033(j) of the Internal Revenue Code (Code). Revenue Procedure 2014-11 provides potential opportunities for reinstatement through timely and appropriate action.  It … Continue reading

Posted in CEO, Director Liabiloity, Employee Benefits, Employment, Fiduciary Responsibility, Health Plans, Tax | Tagged , , , , , , , , , , , , , , , | Leave a comment

IRS Reminds Financial Institutions About Foreign Account Reporting Requirements


Financial institutions creating accounts and entering registration information on the Internal Revenue Service (IRS) FATCA registration website about certain steps that they will need to take on or after January 1, 2014 — as originally announced in IRS Notice 2013-43. Announcement 2014-1 reminds financial institutions to act to meet the requirements and also provides general information concerning anticipated publication dates of final qualified intermediary (QI), withholding foreign partnership (WP), and withholding foreign trust agreements (WT). Continue reading

Posted in CEO, Director Liabiloity, Employee Benefits, Employment, Fiduciary Responsibility, Health Plans, Tax | Tagged , , , , , , , , , , , , , | Leave a comment

Update ESOPs For New Investment Diversification Guidance


Fiduciaries, administrators, sponsors, advisors, trustees and others with involvement or responsibility for Employee Stoc Option Plans(ESOPs) should review these rules and ensure that appropriate steps are taken to update their plan terms and practices to comply with new rules scheduled to be published in the Internal Revenue Bulletin on May 13, 2013 by the Internal Revenue Service concerning investment diversification.
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Posted in CEO, D&O, Deferred Compensation Plans, Director Liabiloity, Employee Benefits, Employment, ESOP, Health Plans, Internal Controls, Officers, Reengineering, Retirement Plans, Stock Plans, Tax | Tagged , , , , , , , | Leave a comment

Health Care Reform Adds New Cost Implications To Already Hot Worker Misclassification Risks


Businesses using non-employee workers should heed the recently announced expansion of the Internal Revenue Service (IRS) Voluntary Classification VCS Program (VCS Program) as yet another warning to clean up their worker classification practices and defenses for all workers performing services … Continue reading

Posted in CEO, Director Liabiloity, Employee Benefits, Employment, Fiduciary Responsibility, Health Plans, Tax | Tagged , , , , , , , , , , | 1 Comment

13 Tips To Help Business Cope With Health Care Reform Now!


Since the Supreme Court’s June 28, 2012 National Federation of Independent Business v. Sebelius health care reform ruling upholding the “pay or play” mandates of the Patient Protection & Affordable Care Act (ACA), most business leaders, plan fiduciaries, health insurers, administrators of employment-based … Continue reading

Posted in CEO, Director Liabiloity, Employee Benefits, Employment, Fiduciary Responsibility, Health Plans, Tax | Tagged , , , , , , , , , , | 1 Comment

FTC Settlement With Mobile Device & App Developer Shows Developers & Businesses Need To Manage Mobile App & Data Security


Businesses using mobile devices or applications and the mobile device or other technology developers and providers need to get serious about security.  With technology and other business providers use of mobile applications in marketing and other business uses proliferating, the … Continue reading

Posted in CEO, D&O, Data Security, Director Liabiloity, Employee Benefits, Employment, Health Plans, Internal Controls, Officers, Privacy, Reengineering | Tagged , , , , | Leave a comment

Texas Champion Bank Settlement of Charges of Illegal Lending Discrimination Reminder To Business To Tighten Business Practices


A Justice Department settlement with Texas Champion Bank of Alice, Texas is the latest reminder to U.S. lenders and other businesses of the importance of ensuring that their lending and other business practices are defensible under defensible under U.S. discrimination … Continue reading

Posted in CEO, D&O, Director Liabiloity, Employee Benefits, Employment, Health Plans, Internal Controls, Officers, Reengineering | Tagged , , , , , | Leave a comment

Food Allergies May Be Disabilities Requiring Accommodation Under The ADA


The Justice Department’s recently Lesley  University Settlement (Settlement)  announced by the Justice Department on December, 21, 2012 should be a reminder to employers and others covered by the Americans With Disabilities Act (ADA) of the potential advisability of establishing policies or … Continue reading

Posted in CEO, D&O, Director Liabiloity, Employee Benefits, Employment, Health Plans, Internal Controls, Officers, Reengineering | Tagged , , , , , | Leave a comment

Brace For New Disability Discrimination Claims In Response To October, 2012 Disability Awareness Month Celebrations


President Obama’s declaration today (October 1, 2012) of October as National Disability Employment Awareness Month reminds business that U.S. businesses and their leaders need to tighten their disability discrimination risk management and compliance in light of the Obama Administration’s emphasis on … Continue reading

Posted in CEO, D&O, Director Liabiloity, Employee Benefits, Employment, Health Plans, Internal Controls, Officers, Reengineering | Tagged , , , , , | Leave a comment

12 Steps Every Business With Employee Health Plan Should Do Now To Manage Risks & Liabilities


While most employer and union health plan sponsors, fiduciaries and administrators are bracing to cope with “pay or play” and other mandates of the Affordable Care Act in 2014, many employer and other health plan sponsors are failing to take steps necessary now to manage already accruing exposures and costs arising from mandates applicable to their health plans under the Affordable Care Act and other federal regulations and to prepare to meet upcoming responsibilities.
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Posted in CEO, Director Liabiloity, Employee Benefits, Employment, Fiduciary Responsibility, Health Plans, Tax | Tagged , , , , , , , , , , | Leave a comment