Regulatory Compliance Collaborative (BRCC)

The Plan Document Resource Center, launching in early 2023, is designed to assist clients with guidance surrounding ERISA and IRS guidelines as it relates to creating and maintaining Wrap Plan Documents, Summary Plan Descriptions, and Cafeteria/Section 125 plan documents.

The center will offer the following technical resources:

• Response to complex inquiries, requiring expertise with plan document compliance, will be addressed by assisting with questions, such as:
  • Why do I need a plan document and what is it for?
  • What is required for maintaining plan documents?
  • What are the penalties for:
    • Failing to have a plan document in place
    • Not providing plan documents to employees
  • How many days do I need to provide documents upon request?
• Third-party professional services vendor referrals:
  • Work with clients to prepare and update plan documents for the operation of the welfare benefit plan
  • Provide assistance answering general plan document questions
  • Provide the client with a copy of plan documents and summary plan descriptions
  • Walk the client through plan document distribution requirements
• Educational learning and development resources, including:
  • An Introduction to ERISA through educational webcasts on the Baldwin Professional Education Series
  • Whitepapers about ERISA and IRS plan document requirements
  • Publication of ERISA FAQs for employers

The ACA Information Reporting Resource Center, launching in early 2023, is designed to assist clients with expert guidance and resources necessary to understand, and comply with, the various employer shared responsibility reporting requirements of the Affordable Care Act, as well as complex inquiries related to compliance with the ACA and it’s reporting requirements.

Specifically, the Center will offer the following technical resources:

• Responding to complex inquiries requiring expertise with the ACA’s more complex compliance employer obligations like information reporting, assessment of play or pay penalties, determining fulltime status, and other inquiries, such as:
  • Are we subject to the ACA’s employer reporting requirements?
  • How are Forms 1094 and 1095 prepared?
  • What information must be reported on Forms 1094 and 1095?
  • How do we determine how many full-time employees we have and who should receive Form 1095?
  • How do we determine if we offer “affordable” coverage to our full-time employees?
  • When are Forms 1094 and 1095 required to be distributed and filed?
  • What are the penalties for failing to file or for late reporting?
  • How do we correct mistakes on prior-filed Forms 1094 and 1095?
• Third-party professional services vendor referrals:
  • Strategic planning;
  • Dedicated ACA account manager and analysts;
  • Identification, collection, analysis and management of relevant data;
  • Preparation of Forms 1094 and 1095;
  • Electronic distribution of completed forms to employer;
  • Delivery of completed Form 1095 to employees;
  • Transmittal of Forms 1094 and 1095 to the IRS;
  • Model notice to employers for distribution to employees regarding Form 1095; and,
  • Standard help desk services for employers to provide guidance regarding ACA employer reporting.
• Educational learning and development resources including:
  • An Introduction to ACA Reporting educational webcast on the Baldwin Professional Education Connection;
  • Professional education on ACA reporting; and,
  • Publication of FAQs for employers. 

We also provide the following content resources:

• ACA Information Reporting Code Set and Flowcharts
• ACA Information Reporting Corrections Replacements and Other Filing Errors
• ACA Information Reporting Filing Extensions
• ACA Information Reporting Reporting Scenarios
• ACA Information Reporting Responding to Penalty Assessments

The Form 5500 Specialty Operations Center, launching in early 2023, is designed to assist clients with guidance surrounding the preparation and filing of Form 5500s, as well as with the actual filing of clients’ Form 5500s. The Center will offer support in understanding the 5500 filing requirements, assistance with how to come into compliance by amending prior years’ 5500s and/or by accomplishing delinquent filings, as well as a list of partnered vendors who will work with clients and the teams to accomplish these 5500 filings.

The center will offer the following technical resources:

• Response to complex inquiries requiring expertise with 5500 compliance, including questions such as:
  • Who has to file a 5500?
  • What information is needed for a 5500 filing?
  • How many 5500s does a client need to file?
  • Is a 5500 required for all benefit plans?
  • How is the 5500 filing requirement enforced?
  • What are the penalties in failing to file a 5500?
  • Can a client amend its filing? If so, how?
  • How can a client accomplish a late and/or missed filing?
  • What is a summary annual report (SAR)?
  • Which employees must receive a SAR?
• Third-party professional services vendor referrals:
  • Collect Schedule As and plan information for filing, working with the client and teams
  • Troubleshoot any missing information and/or filing issues
  • Walk the client through the 5500 filing and/or file for the client
  • Provide the client with a copy of the completed 5500 filing
  • Prepare and provide the SAR to the client
  • Assist in the amending of 5500s
  • Prepare corrective back filings under the Department of Labor’s Delinquent Filer Voluntary Compliance Program (DFVCP)
• Educational learning and development resources including:
  • An Introduction to 5500s educational webcast on the Baldwin Professional Education Connection
  • Professional education about 5500 requirements, the DFVCP program, SAR distribution, etc.
  • Publication of 5500 FAQs for employers.

The Employer’s Mergers & Acquisitions (M&A) Resource Center, launching in early 2023, is dedicated to assisting clients with expert guidance as it relates to the complexities and nuances of employer compliance obligations arising in the context of organizational mergers and acquisitions. The Center will help map out M&A strategies for proposed or implemented M&A activities.    

The center will offer the following technical resources:

• Response to complex inquiries requiring M&A compliance expertise, including questions such as:
  • Why does it matter if the M&A transaction is a stock or an asset transaction?
  • How do the terms of the Purchase Agreement effect the transition of benefits to the buyer?
  • What are the pros and cons to merging benefits plans?
  • What steps are necessary to avoid forming a MEWA?
  • What are the advantages and disadvantages to terminating the seller’s Health FSA?
  • What are the approaches to continuing the seller’s Health FSA?
  • Who is responsible for sending the COBRA Election Notice to the seller’s employees?
  • Who will be responsible for the benefit plan reporting for 5500 and ACA after the deal closes?
• Client-facing solutions and services provided will include:
• Employee benefit plan due diligence analysis checklist:
  • Plan documents review
  • Trust instruments review
• Review of compliance obligations under federal laws:
  • ERISA Plan and Reporting Analysis
  • HIPAA Privacy and Security Analysis
  • COBRA Liability Analysis
  • Health FSA Considerations Analysis
  • ACA Employer Mandate and Reporting Analysis
  • Non-Discrimination Testing Analysis
  • Section 125 Cafeteria Plan
  • Plan-level review of deductible, copayment, and other cost-sharing features compatibilities

The HIPAA Resource Center, launching in early 2023, is designed to assist clients with guidance and resources necessary to understand, and comply with, the complicated requirements of HIPAA.

The center will offer the following technical resources:

• Response to complex inquiries requiring expertise with HIPAA compliance, including questions such as:
  • Are we subject to HIPAA?
  • How is HIPAA Privacy Enforced?
  • How is HIPAA Security Enforced?
  • Are there written policies and procedures in place?
  • How does the covered entity conduct workforce training and management?
• Third-party professional services vendor referrals:
  • Reviews of policies, procedures, and other written materials
  • Privacy and security workforce training
  • Business associate agreement templates
  • Preparation of required notices
  • Help desk services to provide guidance from compliance experts
  • Recommendations to enhance HIPAA compliance activities
• Educational learning and development resources including:
  • Introductions to HIPAA’s Privacy, Security, Breach Notification educational webcast on the Baldwin Professional Education Connection
  • Professional education about HIPAA requirements, audits, and breach procedures
  • Publication of HIPAA FAQs for covered entities detailing administrative requirements and other obligations

The Mental Health Parity & Addiction Equity Education & Resource Center, launching in early 2023, is designed to assist clients with expert guidance and resources necessary to understand, and comply with, the complicated requirements of MHPAEA.

The Center will offer the following technical resources:

• Responding to complex inquiries requiring expertise with MHPAEA compliance will be addressed by the Education and Resource Center, including questions such as:
  • Are we subject to MHPAEA?
  • How is MHPAEA Enforced?
  • Which treatments and covered services under our benefit plan are subject to MHPAEA?
  • Do specific treatment limitations or financial limits cause a plan to be out of compliance with MHPAEA?
  • Does the prescription drug formulary meet MHPAEA requirements?
  • How does the network of participating providers affect compliance?
  • Is the plan responsible if a member fails to complete a course of treatment?
  • Does our plan provide equitable Quantitative (QTL) and Non-quantitative (NQTL) Treatment Limitations as required by MHPAEA? Are we able to provide evidence?
• Third-party professional services vendor referrals:
  • Review of plan documents, manuals and other written materials
  • Analysis of plan factors applied to mental health/substance use disorders benefits and medical/surgical benefits
  • NQTL analysis report
  • Written report of plan terms used to classify relevant NQTLs
  • Evidentiary standards used in applying NQTLs 
  • Recommendations to enhance compliance
• Educational learning and development resources including:
  • An Introduction to MHPAEA educational webcast on the Baldwin Professional Education Connection
  • Professional education respecting the Department of Labor’s MHPAEA self-compliance tool for employee health and welfare benefit plan sponsors
  • Publication of MHPAEA FAQ’s for employee health and welfare benefit plan sponsors, and others