IRS Releases New Guidance on W-2 Reporting Requirement

The Patient Protection and Affordable Care Act of 2010 mandated that employers report the aggregate cost of applicable employer-sponsored coverage on Form W-2, Wage and Tax Statement, beginning January 1, 2011. On October 12, 2010, the Internal Revenue Service (IRS) released Notice 2010-69, which provides interim relief to employers with respect to this reporting requirement. Thus this notice makes such reporting for 2011 voluntary versus mandatory. Employers who choose not to report the aggregate cost of applicable employer-sponsored coverage on Form W-2, Wage and Tax Statement, beginning January 1, 2011, will not be subject to any penalties for failure to meet such requirements. The U.S. Treasury Department and the IRS anticipate issuing guidance on the new Form W-2 reporting requirement before the end of the 2010 calendar year. If an employer does decide to report applicable employer-sponsored coverage on Form W-2, the IRS has also released a draft Form W-2 with some instructions.

Workshop Examines Effects of Waiver Authority on Development of ACOs

The FTC, CMS and OIG hosted a public workshop on October 5, 2010, featuring panel and listening discussions on regulatory issues surrounding how the development and operation of accountable care organizations would be affected by the use of waivers, safe harbors and other exceptions to various fraud and abuse laws.

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ACO Workshop: Just-Released Information on How to Participate by Webcast in FTC, CMS, OIG Workshop on October 5, 2010

It has just been announced that interested parties who were unable to participate in person (registration closed almost immediately) may now participate via webcast in the October 5, 2010, public workshop hosted by the FTC, CMS and OIG to discuss various legal issues related to accountable care organizations (ACOs), including antitrust, physician self-referral, anti-kickback and civil monetary penalty laws.

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