Affordable Care Act
The Patient Protection and Affordable Care Act, also known as the Affordable Care Act (ACA), or colloquially as “Obamacare,” was signed into law in March of 2010 with the goal of increasing the quality and affordability of health insurance for millions of Americans.
While the Act’s employer shared responsibility payments will not apply until 2015, and in some cases, not until 2016, there are provisions and safe harbors to consider and decisions that can be made now that may help businesses, employees and a business’s bottom line. Further, there are many unintended consequences arising out of the ACA that business owners, both large and small, need to consider when administering health care arrangements.
We are carefully following the developments associated with the roll-out of ACA and are providing counsel to business owners and other professionals, helping them to address compliance issues, evaluate exposure to penalties and other tax issues as well as planning strategically for the future.
Affordable Care Act Articles
Employer Shared Responsibility Penalties Under the Affordable Care Act Delayed and New Guidance Offered
The Department of the Treasury and Internal Revenue Service, on Feb. 10, 2014, issued final regulations regarding the employer shared responsibility provisions under the Affordable Care Act (ACA). The employer shared responsibility provisions generally require an...
Fiduciary Duties in LLCs
Fiduciary relationships exist in many different contexts: corporation/officers and directors, trust company/depositor, attorney/client. When a fiduciary relationship exists, the fiduciary (i.e., officers and directors, trust company or attorney) typically owes...
Car Troubles Got You Down? They May Also Constitute Employee Misconduct
On Feb. 11, 2014, the Missouri Court of Appeals upheld a denial of unemployment benefits with respect to an employee who violated her employer's no-fault attendance policy in large part because of ongoing car troubles. Under the employer's attendance policy, employees...
Decedent’s Disinherited Children Fail to Prove Lack of Mental Capacity or Undue Influence Involving Mom’s Trust
Missouri appeals court ruled that while an inequitable distribution of assets among the decedent’s children illustrates an unfortunate breakdown in the relationships between members of her family, the final bequest would not be disturbed because the trial judge...