How to Survive the Surge with the expanding world of ACA Audit & Penalty Enforcement

While there have been audits since 2012, it is now growing as we move into the need for revenue generation from the various forms of penalty noncompliance.  With more agencies now doing audits; Department of Labor, Department of Health and Human Services, and the big gun Internal Revenue Service your chances are growing of having an audit.

Agencies are making it easier for people to file complaints with agencies on line, and with all the forms being reviewed it is making it easier to be an audit target.  There are significant penalties for both small and large businesses.  Self-reporting on the various forms is making it difficult for employers and giving the agencies an opportunity to have information to look at doing an audit.  Also cross fertilization from one agency to another can lead to audit  uncovering a problem covered by different agency.

KNOW the ENFORCEMENT ZONES

DOL

·         ACA

·         Erisa including Form 550, Plan documents, and summary plan descriptions

·         HIPPA

HHS

·         Summary of benefits coverage

·         HIPPA privacy, security, and breach of notification rules

·         Medicare secondary payer through CMS

IRS

·         ACA including reporting

·         Misclassification of employees as independent contractors

·         COBA

·         Employee benefit related tax issues, such as group term life insurance, valuation.  Cafeteria plan operations, and discrimination testing duties

Equal Employment Opportunity Commission (EEOC)

·         Americans with Disabilities Act

·         Age Discrimination in Employment Act

Genetic Information