Comply on the Fly
Human resource managers are facing more demands than ever, with complex compliance issues adding to the challenge. That’s where Comply on the Fly. Our specialized compliance advisors provide tailored, timely insights and answers to the most common employee benefits questions—all in just 5 minutes or less per episode. Our dedicated team stays on top of both local and federal developments, breaking down complex regulations into clear, straightforward language to keep you informed and prepared for what’s ahead. Count on M3 and Karen B to simplify compliance so you can focus on what matters most. The information provided is a summary of laws and regulations relating to employee benefit plan compliance. This information should not be construed as legal advice. In all cases, employers should consult with their own legal counsel.
Episodes

Monday Mar 20, 2023
S2-Ep20: Medicaid Redetermination
Monday Mar 20, 2023
Monday Mar 20, 2023
Do I have to offer enrollment to a person who loses eligibility for Medicaid due to a recent redetermination?
The Consolidated Appropriations Act of 2023 could result in some of your employees losing their Medicaid coverage. This episode of Comply on the Fly can help you, as an employer plan sponsor, prepare for this special enrollment event.
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Turn to M3 and Karen B. (Breitnauer) for quick and timely answers to the most common employee benefits compliance questions. Season 2 of Comply on the Fly focuses on actual client questions, so send your compliance question to AskKarenB@m3ins.com and we'll do our best to cover it in an upcoming episode!
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Please note: This podcast and the contents herein do not constitute legal advice. Seek the advice of counsel for any benefit compliance related implementation guidance or strategy.

Tuesday Mar 14, 2023
S2-Ep19: ERISA SPD - What It Is and When You Need to Provide It
Tuesday Mar 14, 2023
Tuesday Mar 14, 2023
What is an ERISA SPD - and when do I need to provide it?
As a plan sponsor you are required to provide an SPD (Summary Plan Description) to your organization's employee benefit plan participants and beneficiaries informing them of their rights and benefits in relation to the plan offerings. This refresher episode of Comply on the Fly can help you, as an employer plan sponsor, better understand your ERISA SPD obligations.
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Turn to M3 and Karen B. (Breitnauer) for quick and timely answers to the most common employee benefits compliance questions. Season 2 of Comply on the Fly focuses on actual client questions, so send your compliance question to AskKarenB@m3ins.com and we'll do our best to cover it in an upcoming episode!
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Please note: This podcast and the contents herein do not constitute legal advice. Seek the advice of counsel for any benefit compliance related implementation guidance or strategy.

Tuesday Mar 07, 2023
S2-Ep18: Gag Clause Attestation for Group Health Plan Agreements
Tuesday Mar 07, 2023
Tuesday Mar 07, 2023
Can you tell me a bit more about the recent transparency guidance on gag clauses?
This episode of Comply on the Fly covers recent transparency guidance issued by the federal government pertaining to the prohibition of gag clauses in any agreements group health plans enter into with providers, TPAs (Third Party Administrators), and other network or associations of healthcare providers.
_____________________________
Turn to M3 and Karen B. (Breitnauer) for quick and timely answers to the most common employee benefits compliance questions. Season 2 of Comply on the Fly focuses on actual client questions, so send your compliance question to AskKarenB@m3ins.com and we'll do our best to cover it in an upcoming episode!
________________________________________________________________
Please note: This podcast and the contents herein do not constitute legal advice. Seek the advice of counsel for any benefit compliance related implementation guidance or strategy.

Tuesday Feb 28, 2023
S2-Ep17: FMLA and Remote Employees
Tuesday Feb 28, 2023
Tuesday Feb 28, 2023
What did the Department of Labor, or DOL, recently say about FMLA and remote workers?
On February 9th, 2023, the Department of Labor Wage and Hour Division issued Field Assistance Bulletin 2023-1 addressing the application of FMLA eligibility requirements to remote employees. This episode of Comply on the Fly provides covers what employers need to know about this bulletin.
_____________________________
Turn to M3 and Karen B. (Breitnauer) for quick and timely answers to the most common employee benefits compliance questions. Season 2 of Comply on the Fly focuses on actual client questions, so send your compliance question to AskKarenB@m3ins.com and we'll do our best to cover it in an upcoming episode!
________________________________________________________________
Please note: This podcast and the contents herein do not constitute legal advice. Seek the advice of counsel for any benefit compliance related implementation guidance or strategy.

Tuesday Feb 21, 2023
Tuesday Feb 21, 2023
It's not really a question per se, but you may be wondering about the end of the COVID National Emergency or public health emergency and how this will affect your group health plans.
The President of the United States recently issued a "statement of administration policy" declaring the discontinuation to the COVID-19 national emergency. This episode of Comply on the Fly provides information on how this will impact employer-sponsored health plans.
_____________________________
Turn to M3 and Karen B. (Breitnauer) for quick and timely answers to the most common employee benefits compliance questions. Season 2 of Comply on the Fly focuses on actual client questions, so send your compliance question to AskKarenB@m3ins.com and we'll do our best to cover it in an upcoming episode!
________________________________________________________________
Please note: This podcast and the contents herein do not constitute legal advice. Seek the advice of counsel for any benefit compliance related implementation guidance or strategy.

Tuesday Feb 14, 2023
S2-Ep15: Opt-Out Arrangements
Tuesday Feb 14, 2023
Tuesday Feb 14, 2023
What is the difference between a conditional opt-out arrangement and an unconditional opt-out arrangement?
Opt-out arrangements (historically called cash-in-lieu arrangements) provide a taxable cash payout if an employee waives employer-sponsored health insurance. This episode of Comply on the Fly covers both unconditional and conditional opt-out arrangements and the additional compliance obligations employers face surrounding them.
_____________________________
Turn to M3 and Karen B. (Breitnauer) for quick and timely answers to the most common employee benefits compliance questions. Season 2 of Comply on the Fly focuses on actual client questions, so send your compliance question to AskKarenB@m3ins.com and we'll do our best to cover it in an upcoming episode!
________________________________________________________________
Please note: This podcast and the contents herein do not constitute legal advice. Seek the advice of counsel for any benefit compliance related implementation guidance or strategy.

Tuesday Feb 07, 2023
E2-Ep14: FMLA & Pre-Birth Absences
Tuesday Feb 07, 2023
Tuesday Feb 07, 2023
This week's episode features another client-direct FMLA question: "I have an employee who is pregnant and due in August. She is having complications with her pregnancy and missing work. I have sent her the FMLA paperwork, however, she has not returned any of it. She indicated that she's off due to being sick from the pregnancy and has brought in notes from her doctor taking her off of work. Can I designate FMLA even though she hasn't returned the paperwork?
Employees sometimes mistakenly believe it is up to them to decide when FMLA applies and when it doesn't. It is really up to the employer to understand when a situation might be FMLA-qualifying and to get the process going. This episode of Comply on the Fly covers what employers need to know.
_____________________________
Turn to M3 and Karen B. (Breitnauer) for quick and timely answers to the most common employee benefits compliance questions. Season 2 of Comply on the Fly focuses on actual client questions, so send your compliance question to AskKarenB@m3ins.com and we'll do our best to cover it in an upcoming episode!
________________________________________________________________
Please note: This podcast and the contents herein do not constitute legal advice. Seek the advice of counsel for any benefit compliance related implementation guidance or strategy.

Tuesday Jan 31, 2023
S2 Ep13: ACA and Controlled Group Acquisition
Tuesday Jan 31, 2023
Tuesday Jan 31, 2023
We had two companies with common ownership. However, in June 2022, one of the companies was sold off to a separate entity and therefore we are no longer part of a controlled group. As per the ACA requirements - Affordable Care Act requirements - we included both entities in determining whether or not we were over 50 full-time and full-time equivalents. Each entity separately now has 35 and 40 employees, respectively. What do we do for 2023?
When a business moves between being a single entity or part of a controlled group within a calendar year, adhering to the ACA Shared Responsibility requirements can become complicated. This episode of Comply on the Fly covers what employers need to know.
_____________________________
Turn to M3 and Karen B. (Breitnauer) for quick and timely answers to the most common employee benefits compliance questions. Season 2 of Comply on the Fly focuses on actual client questions, so send your compliance question to AskKarenB@m3ins.com and we'll do our best to cover it in an upcoming episode!
________________________________________________________________
Please note: This podcast and the contents herein do not constitute legal advice. Seek the advice of counsel for any benefit compliance related implementation guidance or strategy.

Tuesday Jan 24, 2023
S2-Ep12: HSAs for Dependents of Employees
Tuesday Jan 24, 2023
Tuesday Jan 24, 2023
Can a dependent of an employee open their own HSA or health savings account?
Individuals who meet certain criteria and coverage conditions are eligible to establish and contribute to their own HSA (Health Savings Account). This episode of Comply on the Fly helps employer plan sponsors understand if and when a dependent of an employee may be eligible for their own HSA.
_____________________________
Turn to M3 and Karen B. (Breitnauer) for quick and timely answers to the most common employee benefits compliance questions. Season 2 of Comply on the Fly focuses on actual client questions, so send your compliance question to AskKarenB@m3ins.com and we'll do our best to cover it in an upcoming episode!
________________________________________________________________
Please note: This podcast and the contents herein do not constitute legal advice. Seek the advice of counsel for any benefit compliance related implementation guidance or strategy.

Tuesday Jan 17, 2023
S2-Ep11: ACA-Temporary Employees
Tuesday Jan 17, 2023
Tuesday Jan 17, 2023
By policy, our limited term employees can only work 1,200 hours in a calendar year, which is less than the 30 hours per week, which is 1,560. If an LTE, meaning 'Limited Term Employee', begins work in the second half of the calendar year and then continues to work in the first half of the next year, are we required to offer insurance since they have worked more than 30 hours per week during the look back period? Please expand on seasonal versus temporary employment.
In this episode of Comply on the Fly Karen B. answers a client question around properly classifying employees for ACA reporting purposes.
_____________________________
Turn to M3 and Karen B. (Breitnauer) for quick and timely answers to the most common employee benefits compliance questions. Season 2 of Comply on the Fly focuses on actual client questions, so send your compliance question to AskKarenB@m3ins.com and we'll do our best to cover it in an upcoming episode!
________________________________________________________________
Please note: This podcast and the contents herein do not constitute legal advice. Seek the advice of counsel for any benefit compliance related implementation guidance or strategy.