Flexible Benefits Answer Book, Sixth Edition

Flexible Benefits Answer Book, Sixth Edition by Ashley Gillihan
Flexible Benefits Answer Book includes detailed coverage of today's most important topics and issues, including: Health Care Reform, Health Flexible Spending Accounts, Health Reimbursement Arrangements, and more. Read more >

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Format:
  • Author(s): Ashley Gillihan
  • Media: Hardcover
  • Supplement Date: 12/18/2012
  • Publication Frequency: Supplemented annually
  • Offer Number/PIN: 0735582009
  • ISBN: 9780735582002
  • ETA: Available: Item ships in 3-5 Business Days
  • Product Line: Aspen Publishers
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Flexible Benefits Answer Book includes detailed coverage of today's most important topics and issues, including:

  • Health Care Reform
  • Health Flexible Spending Accounts
  • Health Reimbursement Arrangements
  • Health Savings Accounts
  • Adoption Assistance Plans
  • Transportation Reimbursement Plans
  • HIPAA
  • COBRA
  • ERISA
  • And more!

In one, easy-to-use manual, Flexible Benefits Answer Book provides answers to all your questions, helping you design successful flexible benefits plans while staying in compliance with the growing number of federal requirements and tax rules that apply to such arrangements.

Highlighted features include:

  • The question-and-answer format breaks down complex subject areas into concise units
  • Introductory text provides an overview of each subject covered in the questions and answers
  • Extensive cross-referencing facilitates research
  • The List of Questions helps you immediately locate areas of interest
  • Answers contain numerous examples that illustrate specific points

Flexible Benefits Answer Book has been updated to include:

  • Revised COBRA continuation and ERISA chapters that will better help you navigate through the existing COBRA and ERISA rules and regulations - two federal laws that heavily govern flexible benefits plans
  • Updates regarding PPACA-related guidance issued in 2012
  • Updates to the HIPAA privacy and security chapter regarding the new pilot audit program established and maintained by the Health and Human Services Department
  • Updates to the HIPAA Portability chapter regarding the enforcement and penalty provisions of HIPAA
  • Updates to the Cafeteria Plan and the Health Flexible Spending Account chapters to reflect the new $2,500 limit on Health Flexible Spending Account elections

  • 1. Flexible Benefits Plans
  • 2. Impact of Health Care Reform on Flexible Benefits Plans
    • Group Health Plan-Related Provisions That Become Effective in 2010
    • Group Health Plan-Related Provisions That Become Effective in 2011
    • Group Health Plan-Related Provisions That Become Effective in 2012
    • Group Health Plan-Related Provisions That Become Effective in 2013
    • Group Health Plan-Related Provisions That Become Effective in 2014
    • Group Health Plan-Related Provisions That Become Effective in 2018 Health Insurance Reforms
    • Employer Responsibility Requirements
  • 3. Cafeteria Plans
    • Legal Requirements for Cafeteria Plans
    • Written Plan Documents
    • Plan Year Requirements
    • Eligible Employers
    • Eligible Employees
    • Types of Benefits Offered Under a Cafeteria Plan
    • Elections, Generally
    • Changing Elections
    • Nondiscrimination and Other Tax Related Rules
  • 4. Welfare Benefit Plan Options: The Basics
    • Accident and Health Plans
    • Major Medical Plans
    • Dental Plans
    • Vision Plans
    • Employee Assistance Plans
    • Life Insurance
    • Disability Insurance
    • Long-Term Disability
  • 5. Health Flexible Spending Accounts
    • Overview of Legal Requirements for Health FSAs
    • Eligible Expenses
    • Funding
    • Reimbursement
    • Elections
    • Operational Issues
  • 6. Dependent Care Flexible Spending Accounts
    • Overview of Dependent Care FSAs
    • Overview of Legal Requirements
    • Qualifying Individuals
    • Funding
    • Reimbursement Rules
    • Elections
    • Reporting Requirements
    • Dependent Care Credit
  • 7. Health Reimbursement Arrangements
    • Legal Requirements for HRAs
    • Eligible Employees and Dependents
    • Eligible Expenses
    • Funding and Reimbursement
    • Miscellaneous Plan Design Issues
    • Miscellaneous Tax Issues
  • 8. Health Savings Accounts
    • HSA Legal Requirements
    • HSA Eligibility Requirements
    • HDHP Coverage
    • Non-HDHP Coverage
    • HSA Establishment
    • Trustee/Custodians
    • HSA Contributions
    • Comparability Rules
    • Distributions
    • ERISA Applicability
    • Prohibited Transaction Rules
    • HSA Reporting Requirements
  • 9. Adoption Assistance Programs
    • Overview of Legal Requirements for Adoption Assistance
    • Qualified Adoption Expenses
    • Tax Implications
    • Reporting
  • 10. Transportation Fringe Benefit Plans
    • Qualified Transportation Expenses
    • Transit Pass
    • Van Pooling
    • Qualified Parking
    • Qualified Bicycle Commuter Reimbursement
    • Reimbursements and Substantiation of Expenses
    • Legal Requirements
  • 11. COBRA
    • Plans Subject to COBRA
    • Qualified Beneficiaries
    • Qualifying Events
    • COBRA Coverage
    • Elections
    • Duration of COBRA Coverage
    • COBRA Premiums
    • Notice Requirements
    • Uniformed Services Employment and Reemployment Rights Act of 2004 (USERRA) Trade Act
    • Penalties and Liability
    • COBRA Subsidyunder the American Recovery and Reinvestment Act (ARRA)
  • 12. ERISA
    • Applicability
    • Plan Document Requirements
    • Reporting and Disclosure Requirements
    • General Claims Procedure Requirements
    • Group Health Plan Claims Procedure Requirements
    • Disability Plan Claims Procedure Requirements
    • Fiduciary Requirements
    • Plan Asset Requirements ERISA Preemption
    • Qualified Medical Child Support Order (QMCSO)
    • ERISA Non-discrimination
    • Remedies for Violations of ERISA
  • 13. HIPAA Portability
    • Plans Subject to HIPAA's Portability Rules
    • Pre-Existing Condition Exclusion/Limitation Rules
    • Creditable Coverage
    • Special Enrollment Periods
    • Non-discrimination Requirements
  • 14. HIPAA Administrative Simplification
    • HIPAA's Administrative Simplification Rules
    • Privacy Rules
    • HIPAA Security Rules
    • Electronic Data Interchange Rules
    • Enforcement and Penalties
  • 15. Tax Nondiscrimination Testing
    • Cafeteria Plan Nondiscrimination Testing
    • Code Section 105 Nondiscrimination Tests (Self-Insured Health Plans)
    • Code Section 129 (Dependent Care FSA) Nondiscrimination Tests
    • Code Section 137 (Adoption Assistance) Nondiscrimination Tests
    • Code Section 79 (Group Term Life Insurance) Nondiscrimination Tests
    • General Definitions
  • 16. Wellness and Disease Management Programs
    • Legal Requirements
    • HIPAA Nondiscrimination Rules
    • ADA Issues
    • HIPAA Administrative Simplification
    • COBRA Issues
    • Tax Issues
  • 17. Other Laws
    • Mental Health and Substance Abuse Parity
    • Michelle's Law
    • Newborns' and Mothers' Health Protection Act
    • Women's Health and Cancer Rights Act
    • FMLA
    • USERRA
    • Medicare Secondary Payer Rules (MSP)
    • Medicare Secondary Payor Reporting Rules
    • Medicare Part D

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Ashley Gillihan


Ashley Gillihan is a member of Alston & Bird's Employee Benefits and Executive Compensation Group in Atlanta, Georgia. He is also a secondary member of the firm's ERISA Litigation Group. Mr. Gillihan's legal practice focuses exclusively on assisting clients with various health and welfare benefit plan issues related to the following:

• Cafeteria plan and flexible spending account related issues;

• Consumer driven health care arrangements, such as Health Reimbursement Arrangements (HRAs) and Health Savings Accounts (HSAs);

• ERISA reporting, disclosure, and fiduciary obligations;

• COBRA administration;

• HIPAA portability and discrimination;

• HIPAA Privacy, Security, and Administrative Simplification;

• Federal tax issues associated with health and welfare benefit plans (e.g., VEBAs, nondiscrimination testing, etc.); and

• Welfare Benefit Plan issues arising from various federal employment discrimination statutes, such as the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Pregnancy Discrimination Act (PDA).

Mr. Gillihan represents various corporate plan sponsors, insurers, HSA trustee/custodians, and third-party benefit plan administrators. Mr. Gillihan lectures frequently and has published various articles on health and welfare benefits plan related topics. He is a faculty member for MCOL (a managed health care on-line organization) and the Institute of Applied Management and Law (IAML). He is a member of the Advisory Board of Editors of the Benefits Compensation Law Alert and the Technical Advisory Council to the Employer's Council on Flexible Compensation. He is also a member of Who's Who of Executives and Professionals. Mr. Gillihan is a member of the state bars of Georgia, Tennessee, and Alabama. He is a 1996 graduate of Samford University's Cumberland School of Law.

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