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ACAMonitor Compliance Audit Program

The Affordable Care Act (ACA) is one of the most sweeping changes in U.S. law over the last half century. Executives, human resource managers, benefits administrators, legal counsel and decision-makers throughout America are faced with a complicated and demanding situation. This highly technical Act is daunting for even the most experienced benefit managers. Simply put, the ACA involves legal, payroll, human resources, insurance and accounting functions that are new, broad, and carry significant challenges and penalties.

The Risks Are Real, And Time Is Running Out
Some experts expect that more than 70 percent of companies will fail to adequately comply with the new regulations. Fines, excise taxes, litigation and claims are among the risks involved in falling short of the Act’s requirements. In some cases, the consequences will be severe. In all cases, the price of delaying will far outweigh the cost of preparing for implementation. Because no single entity within an organization can handle all the issues involved in executing the Act, many companies are simply waiting to comply. Many more are struggling to find the right personnel to do the job. Meanwhile, the clock is ticking and the stakes are high.

We Can Help
LeClairRyan has designed a new legal service to assist employers subject to the ACA to determine what efforts are required in their organizations to become and stay compliant with the ACA. Through its multidisciplinary team of professionals and organizational relationships, LeClairRyan will provide a “turn-key” operation that can examine whether an organization has taken appropriate steps to become ACA compliant and what alternatives are available to stay within health budgets. The compelling feature of ACAMONITOR™ is the broad scope of services that can be obtained within one program, including accounting, payroll software and design, information reporting, tax, employment, insurance design and guidance on the vast majority of ACA issues.

Introducing ACAMONITOR™
Through ACAMONITOR™ and LeClairRyan’s professional service relationships with Marsh & McLennan and CohnReznick, we provide services covering the following areas:

  • Managing decisions relating to healthcare benefits and plan design
  • Determining an organization’s ACA requirements, including determinations on affiliated and aggregated organizations
  • Examining alternatives with respect to informational reporting requirements and data reporting to the Internal Revenue Service, including payroll software design
  • Legal and accounting guidance on tax issues involved in “pay or play” decisions
  • Services relating to workplace procedures and training, including whether or not they sufficiently meet ACA requirements
  • Assistance with tax liens and claims filed by the Internal Revenue Service, including excise tax assessments
  • Collective bargaining guidance concerning the ACA issues
  • Using the ACA to offset damage awards in personal injury actions
  • Guidance on how to minimize the impact of the ACA while providing compliant coverage
  • Review of joint employment/PEO relationships and ACA compliance issues raised by professional staffing relationships
  • Fiduciary liability reviews including fiduciary liability insurance assessments and review of TPA agreements with respect to ACA exposure
  • ACA training for trustees, plan administrators, general counsel and HR on how to communicate ACA requirements and recognize areas of exposure arising from the ACA, such as discrimination, whistleblowing and internal reporting of ACA violations
  • Guidance to medical providers and hospitals on ACA compliance, Stark issues and ACO development and implementation.

Companies that become part of the ACAMONITOR™ network will be provided with client alerts and updates on cutting-edge issues, hotline access, webinars and white papers on key compliance issues, all free of charge. Additionally, compliance reviews are provided on a flat-fee basis based on employer size.

Select Team Members

 

James P. Anelli - Team Leader
Direct:  973.491.3550
Fax:  973.491.3470

State & federal employment requirements; Personnel policies; Employee benefits & ERISA; Employment litigation; Whistleblower litigation.


 

Patrick J. Hurd
Phone: 757.441.8931
Fax: 757.441.8961

Healthcare regulatory, compliance, corporate & transactional matters; HIPAA privacy; Health Insurance Marketplace; Healthcare fraud & abuse; Healthcare provider credentialing, privileges & accreditation.


 

Elizabeth J. Atkinson
Phone: 757.217.4538
Fax: 757.217.4588 

Tax controversy & litigation; Employment tax issues; Tax-exempt organizations; Tax exemption qualification; Tax planning; Mergers & acquisitions.


 

Brian G. Muse
Phone: 757.941.2802
Fax: 757.941.2879

Employment counseling, training & audits; Wage & hour regulations; Employee contracts; Employment litigation; Business torts; ADA requirements.


 

Joseph P. Paranac
Phone: 973.491.3570
Fax: 973.491.3496 

Labor negotiations; Employee benefits; Employment counseling, training and audits; Wage and hour regulations; Employment litigation; Employee investigations; Whistleblower litigation.


 

Michael E. Barnsback
Phone: 703.647.5931
Fax: 703.647.5993

Employment litigation; Business litigation; Insurance litigation.