OIG Posts New Information on Accountable Care Organizations

On March 31st, OIG posted new information on Accountable Care Organizations. Thhe links provided below will take you directly to the new material.

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Federal Agencies Address Legal Issues Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program
http://oig.hhs.gov/fraud/aco.asp

Today, as part of a cross-agency, coordinated effort, several Federal agencies issued documents addressing legal issues regarding Accountable Care Organizations participating in the Medicare Shared Savings Program
(Shared Savings Program).

The Centers for Medicare & Medicaid Services (CMS) issued a proposed rule that would establish accountable care organizations (ACO) under the Shared Savings Program. The CMS proposed rule is available online at
http://www.cms.gov/sharedsavingsprogram

CMS and HHS Office of Inspector General (OIG) jointly issued a notice with comment period outlining proposals for waivers of certain Federal laws-the physician self-referral law, the anti-kickback statute, and certain provisions of the civil monetary penalty law-in connection with the Shared Savings Program. CMS and OIG are also asking for comments on further waiver design considerations for the Shared Savings Program and for the separate waiver authority for the Center for Medicare and Medicaid Innovation under section 1115A of the Social Security Act. The joint notice with comment period is available online at
http://www.ofr.gov/inspection.aspx?AspxAutoDetectCookieSupport=1

The Federal Trade Commission and the Department of Justice jointly issued a "Proposed Statement of Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program" (Antitrust Policy Statement). The Antitrust Policy Statement is available online at:
http://www.ftc.gov/opp/aco/
 
And the Internal Revenue Service (IRS) issued a notice requesting comments regarding the need for guidance on participation by tax-exempt organizations in the Shared Savings Program through ACOs. The IRS notice
is available online at
http://www.irs.gov/newsroom/article/0,,id=222814,00.html

Tax Benefits & Free Tax Preparation for Taxpayers with Disabilities - Disabilityt.gov blog

By Guest Blogger Richard Keeling, Senior Tax Analyst, Stakeholder Partnerships Education and Communications, Wage and Investment Division, Internal Revenue Service (IRS)

Taxpayers with disabilities and parents of children with disabilities may qualify for a number of IRS tax credits and benefits. If you or someone else listed on your federal tax return has a disability, you may be eligible for one of the tax credits listed below. In addition, there are several programs that can help people with disabilities prepare their taxes and file them electronically for free.

1. Standard Deduction: Taxpayers who are legally blind may be entitled to a higher standard deduction on their tax return.
2. Gross Income: Certain disability-related payments, Veterans Administration disability benefits and Supplemental Security Income (SSI) are excluded from gross income.
3. Impairment-Related Work Expenses: Employees who have a physical or mental disability limiting their employment may be able to claim business expenses in connection with their workplace. The expenses must be necessary for the taxpayer to work.
4. Credit for the Elderly or Disabled: This credit is generally available to certain taxpayers who are 65 and older, as well as to certain taxpayers with disabilities who are younger than 65 and are retired on permanent and total disability.
5. Medical Expenses: If you itemize your tax deductions using Form 1040, Schedule A, you may be able to deduct medical expenses. See IRS Publication 502, Medical and Dental Expenses.
6. Earned Income Tax Credit (EITC): EITC is available to taxpayers with disabilities, as well as to the parents of a child with a disability. If you retired on disability, taxable benefits you receive under your employer’s disability retirement plan are considered earned income until you reach minimum retirement age. The EITC is a tax credit that not only reduces a taxpayer’s tax liability but may also result in a refund. Many working individuals with a disability who have no qualifying children, but are older than 25 and younger than 65, do qualify for EITC. Additionally, if the taxpayer’s child has a disability, the age limitation for the EITC is waived. The EITC has no effect on certain public benefits. Any refund you receive because of the EITC will not be considered income when determining whether you are eligible for benefit programs, such as Supplemental Security Income and Medicaid.
7. Child or Dependent Care Credit: Taxpayers who pay someone to care for their dependent or spouse, so they can work or look for work may be entitled to claim this credit. There is no age limit if the taxpayer’s spouse or dependent is unable to care for themselves.

For more information on tax credits and benefits available to taxpayers with disabilities, see Publication 3966, Living and Working with Disabilities or Publication 907, Tax Highlights for Persons with Disabilities, available on the IRS website at http://www.irs.gov/ or by calling 800-TAX-FORM (800-829-3676).

The IRS Volunteer Income Tax Assistance Program (VITA) and the Tax Counseling for the Elderly (TCE) Programs offer free tax help for taxpayers who qualify.


Trained community volunteers may help with special credits, such as EITC, Child Tax Credit and Credit for the Elderly or Disabled. In addition to free tax return preparation assistance, most sites also offer free electronic filing (e-filing). Individuals taking advantage of the e-file program will receive their refunds in half the time compared to returns filed on paper – even faster when tax refunds are deposited directly into one's bank account.

Volunteer Income Tax Assistance Program (VITA)
The VITA Program offers free tax help to people with low to moderate-income (generally, $49,000 and below) who cannot prepare their own tax returns. Certified volunteers (sponsored by various organizations) receive training to help prepare basic tax returns in communities across the country. VITA sites are generally located at community and neighborhood centers, libraries, schools, shopping malls and other convenient locations. Most locations also offer free electronic filing. To locate the nearest VITA site, call 1-800-906-9887 or visit the VITA site list online. (This list does not include every VITA site.)

Tax Counseling for the Elderly (TCE)
The TCE Program provides free tax help to people ages 60 and older. Trained volunteers from nonprofit organizations provide free tax counseling and basic income tax return preparation for senior citizens. These volunteers are often retired individuals associated with nonprofit organizations that receive grants from the IRS. As part of the TCE Program, AARP offers the Tax-Aide counseling program at more than 7,000 sites nationwide during the filing season. Trained and certified AARP Tax-Aide volunteer counselors help people of low-to-middle income, with special attention to individuals ages 60 and older.
For more information on TCE, call 1-800-829-1040. To locate the nearest AARP Tax-Aide site, call 1-888-227-7669 or visit AARP's website.

Additional information about tax benefits for people with disabilities is available in the Tax Credits section of Disability.gov.

Richard Keeling is a Senior Tax Analyst in Stakeholder Partnerships Education and Communications in the Wage and Investment Division of the IRS.  His primary responsibility is working with the Taxpayers with Disabilities Program.

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Tax Returns Filed Here; Free Tax-Aide Help - AARP Bulletin

by Angela Bryant

For Carol McClusky, 64, the long-dreaded chore of collecting paperwork and filling out income tax forms has taken a turn for the better.

"I used to panic to go back a year and match up forms, but now it's very peaceful," the grandmother of five said.

McClusky attributes her peace of mind to AARP Tax-Aide, a free program that helps seniors and low- to moderate-income taxpayers do their taxes.

By close of business on Tax Day — this year extended to April 18 — AARP Tax-Aide will have helped McClusky and an estimated 2.5 million other taxpayers navigate complicated tax codes, ensure proper credits and deductions and file their returns to the Internal Revenue Service and state and local tax agencies.

Established in 1968 with four volunteers, the AARP Foundation program has blossomed into a national program with about 35,000 volunteers, each one trained by AARP and certified by the IRS. Last year, the volunteers helped users get refunds totaling $1.2 billion and earned income tax credits totaling $233 million.

The program is one of AARP's largest service activities, with people signing up as future volunteers year-round.

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PLANSPONSOR.com - Bright Future Seen for Cash Balance Programs

(PLANSPONSOR.com) – The recently released rules by the Internal Revenue Service (IRS) should clear the path for more employers to renew their interest in cash balance and other types of hybrid pension plans, according to Towers Watson.

Full Article

H.R. 150: To amend the Internal Revenue Code of 1986 to repeal the inclusion in gross income of Social... (GovTrack.us)

To amend the Internal Revenue Code of 1986 to repeal the inclusion in gross income of Social Security benefits.

Sponsor:	Rep. Ronald Paul [R-TX14](no cosponsors) Cosponsors:
Text:	The text of this legislation is not yet available on GovTrack. It may not have been made available by the Government Printing Office yet.
Status:	Introduced Jan 5, 2011 Referred to Committee View Committee Assignments Reported by Committee ... House Vote ... Senate Vote ... Signed by President ... This bill is in the first step in the legislative process. Introduced bills and resolutions first go to committees that deliberate, investigate, and revise them before they go to general debate. The majority of bills and resolutions never make it out of committee. [Last Updated: Jan 6, 2011 11:29AM]
Last Action:	Jan 5, 2011: Referred to the House Committee on Ways and Means.

Current Status

IRS Releases New Schedule R for Fiscal/Employer Agents

Schedule R for Form 940 is specifically required for "section 3504 Agents acting on behalf of home care service recipients" (more commonly, Fiscal/Employer Agents serving employers in participant direction programs). The purpose of the Schedule R for Form 940 is to allocate the aggregate information reported on Form 940 to each home care service recipient client (participant direction employer). Fiscal/Employer Agents serving participant direction employers in 2010 must complete and submit a Schedule R with the 2010 Form 940, Employer's Annual Federal Unemployment (FUTA) Tax Return. This requirement applies to both Vendor and Government Fiscal/Employer Agents.

The IRS is expected to release a "Stakeholder Partners' Headliner" announcing the Schedule R for Form 940 very soon. For more information, follow the National Resource Center for Particpant-Directed Services (NRCPDS) on Facebook for updates.

The Center for Participant-Directed Services is aware of a free tool to support Fiscal/Employer Agents' completion of Schedule R for Form 940. 941RExpress, a product of Annkissam, will be updated by December 18 to support Schedule R for Form 940 (in addition to the current support of Schedule R for Form 941). Check 941RExpress.com on or after December 18, 2010 for more information about using the free tool.

Click here for the form.

Medical News: Administration Issues Mental Health Parity Rule - in Psychiatry, General Psychiatry from MedPage Today

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By Emily P. Walker, Washington Correspondent, MedPage Today

Under a proposed rule released by the Obama administration, patients in a group insurance plan who are being treated for mental illness or substance abuse may no longer be charged more than if they were receiving medical or surgical care.

The Department of Health and Human Service (HHS), the Department of Labor, and the Internal Revenue Service issued an interim rule last week containing specific language necessary to enforce the bipartisan mental health parity law passed by Congress in 2008.

The law -- called the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act -- states that if a group health plan covers the treatment of mental illness or drug or alcohol abuse, the limits and financial requirements for these services can be "no more restrictive" than those that apply to medical and surgical benefits.

That means an insurance plan cannot charge higher copayments, deductibles, and out-of-pocket expenses for mental health services than for treatment of physical illnesses.
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H.R. 3920: To amend the Internal Revenue Code of 1986 to provide for a waiver of minimum required... (GovTrack.us)

To amend the Internal Revenue Code of 1986 to provide for a waiver of minimum required distribution rules applicable to pension plans for 2010.

Sponsor: Rep. Michael Burgess [R-TX26]
Cosponsors:

Full Text

Status:
Introduced Oct 23, 2009
Referred to Committee on Ways & Means

Updated Information

H.R. 3905: Estate Tax Relief Act of 2009 (GovTrack.us)

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To amend the Internal Revenue Code of 1986 to repeal the 1-year termination of the estate tax, to increase the estate and gift tax unified credit, and to coordinate a reduction in the maximum rate of tax with a phaseout of the deduction for State death taxes.

Sponsor: Rep. Shelley Berkley [D-NV1]
Cosponsors: Kevin Brady [R-TX8]Artur Davis [D-AL7]Devin Nunes [R-CA2

Full Text

Status:
Introduced Oct 22, 2009
Referred to Committee on Ways & Means

Updated Information

H.R. 3889: To amend the Internal Revenue Code of 1986 to repeal the percentage floor on medical expense... (GovTrack.us)

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To amend the Internal Revenue Code of 1986 to repeal the percentage floor on medical expense deductions, expand the use of tax-preferred health care accounts, and establish a charity care credit, to amend the Social Security Act to create a Medicare voucher program and reform EMTALA requirements, and to amend Public Health Service Act to provide for cooperative governing of individual health insurance coverage offered in interstate commerce.

Sponsor: Rep. Paul Broun [R-GA10]
Cosponsors: none

Text

Status:
Introduced Oct 21, 2009
Referred to Committee Ways & Means

Updated Information

H.R. 3799: To amend title XVIII of the Social Security Act to improve prescription drug coverage under... (GovTrack.us)

To amend title XVIII of the Social Security Act to improve prescription drug coverage under Medicare part D and to amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986, to improve prescription drug coverage under private health insurance, and for other purposes.

Sponsor: Rep. Henry Johnson [D-GA4]
Cosponsors: Russ Carnahan [D-MO3], Lloyd Doggett [D-TX25], Keith Ellison [D-MN5], Marcia Fudge [D-OH11], Patrick Kennedy [D-RI1], Mary Jo Kilroy [D-OH15], Barbara Lee [D-CA9], Timothy Ryan [D-OH17]

Text

Status:
Introduced Oct 13, 2009
Referred to Education and Labor Committee

Updated Information

S. 19: Homeless Veterans

A bill to amend the Internal Revenue Code of 1986 to allow taxpayers to designate a portion of their income tax payment to provide assistance to homeless veterans, and for other purposes. Introduced November 20, 2008, by Senator Clinton and referred to Committee on Finance.

S. 3710: A bill to amend title XVIII of the Social Security Act and the ERISA

A bill to amend title XVIII of the Social Security Act and the Employee Retirement Income Security Act of 1974 to provide access to Medicare benefits for individuals ages 55 to 65, to amend the Internal Revenue Code of 1986 to allow a refundable and advanceable credit against income tax for payment of such premiums, and for other purposes. Introduced by Senator John Rockefeller on November 20, 2008. The bill has been referred to the Committee on Finance. Co-Sponsors include: Sen. John Kerry [D-MA] Sen. Robert Menéndez [D-NJ] Sen. Sherrod Brown [D-OH] Sen. Benjamin Cardin [D-MD]

Individual Retirement Accounts: Additional IRS Actions Could Help Taxpayers Facing Challenges in Complying with Key Tax Rules.

IRS data show that some taxpayers fail to comply with rules for reporting contribution deductions and taxable distributions from traditional IRAs. IRS’s National Research Program showed that nearly 15 percent of taxpayers who took traditional IRA contribution deductions as well as 15 percent of those who took taxable distributions misreported on them on their tax returns in 2001 (the most recent data available). IRS has automated enforcement programs—matching tax returns with information reported by IRA custodians—to detect and correct these types of IRA misreporting. For tax year 2004, IRS assessed additional taxes of $23.2 million for ineligible traditional IRA contribution deductions or exceeding the deduction limits and $61.1 million in taxes and penalties for early withdrawals from traditional IRAs. As partly shown by taxpayer misreporting to IRS, taxpayers face challenges in figuring how much they can contribute, navigating the various distribution rules, and rolling over their IRAs between custodians. For example, according to representatives of financial firms and advisors GAO interviewed, taxpayers may not understand that the annual contribution limit applies across traditional IRAs and Roth IRAs in combination. On the distribution side, interviewees said that older taxpayers make mistakes in determining when they must start distributions and calculating the correct amount. Interviewees identified some options for IRS to clarify guidance, such as for the combined contribution limit rule, or develop tools to help taxpayers, such as a Webbased calculator for required minimum distributions. IRS could explore actions such as requiring additional reporting by custodians or simplifying the required minimum distribution rule to strengthen compliance with this complicated rule. Other options to reduce the complexity of IRA rules, such as eliminating income limits on eligibility, pose trade-offs and could be considered in the context of broader tax reform.

Meeting of the Taxpayer Advocacy Panel Volunteer Income Tax Assistance (VITA) Issue Committee

An open meeting of the Taxpayer Advocacy Panel VITA Issue Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Tuesday, October 14, 2008, at 2 p.m. Eastern Time via a telephone conference call.

Implementation of Form 990

Final and Temporary Rules This document contains final and temporary regulations necessary to implement the redesigned Form 990, ``Return of Organization Exempt From Income Tax.'' The final regulations contained in this document make only nonsubstantive revisions to comply with Federal Register requirements. The temporary regulations make revisions to the regulations under section 6033 and section 6043 to allow for new threshold amounts for reporting compensation, to require that compensation be reported on a calendar year basis, and to modify the scope of organizations subject to information reporting requirements upon a substantial contraction. The temporary regulations also eliminate the advance ruling process for new organizations, change the public support computation period for organizations described in sections 170(b)(1)(A)(vi) and 509(a)(1) and in section 509(a)(2) to five years, consistent with the revised Form 990, and clarify that support must be reported using the organization's overall method of accounting. All tax-exempt organizations required under section 6033 of the Internal Revenue Code (Code) to file annual information returns are affected by these temporary regulations. The text of these temporary regulations also serves as the text of the proposed regulations (REG-142333-07) published in the Proposed Rules section in this issue of the Federal Register. DATES: Effective Date: These regulations are effective on September 9, 2008. Applicability Date: These regulations apply to taxable years beginning on or after January 1, 2008.

Substantiation and Reporting Requirements for Charitable Contribution Deductions

SUMMARY: These proposed regulations provide guidance concerning substantiation and reporting requirements for cash and noncash charitable contributions under section 170 of the Internal Revenue Code (Code). The regulations reflect the enactment of provisions of the American Jobs Creation Act of 2004 and the Pension Protection Act of 2006. The regulations provide guidance to individuals, partnerships, and corporations that make charitable contributions, and will affect any donor claiming a deduction for a charitable contribution after the date these regulations are published as final regulations in the Federal Register. DATES: Written or electronic comments and requests for a public hearing must be received by November 5, 2008.

Converting an IRA Annuity to a Roth IRA

IRS Final Regulations

SUMMARY: This document contains final regulations under section 408A of the Internal Revenue Code (Code). These final regulations provide guidance concerning the tax consequences of converting a non-Roth IRA annuity to a Roth IRA. These final regulations affect individuals establishing Roth IRAs, beneficiaries under Roth IRAs, and trustees, custodians and issuers of Roth IRAs.

DATES: Effective date: These final regulations are effective July 29, 2008.

Tax Counseling for the Elderly

IRS is authorized to enter into agreements with private or non-governmental public non-profit agencies or organizations, exempt under Section 501 of the Internal Revenue Code, that will provide training and technical assistance to volunteers who provide free tax counseling and assistance to elderly individuals in the preparation of their Federal income tax returns. Grant funds are used to reimburse volunteers for out-of-pocket expenses including transportation, meals, and other expenses incurred by them in providing tax counseling assistance at locations convenient to the taxpayers.

Original Closing Date for Applications: Aug 02, 2008 Current Closing Date for Applications: Aug 04, 2008

Open Meeting of the Taxpayer Advocacy Panel VITA Issue Committee

An open meeting of the Taxpayer Advocacy Panel Volunteer Income Tax Assistance Issue Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service. The meeting will be held Tuesday, September 9, 2008, at 2 p.m. Eastern Time via a telephone conference call. Written comments may be submitted to the panel by faxing to (718) 488-2062, or by mail to Taxpayer Advocacy Panel, 10 Metro Tech Center, 625 Fulton Street, Brooklyn, NY 11201. Public comments will also be welcome during the meeting. Please contact Marisa Knispel at 1-888-912-1227 or (718) 488-3557 for additional information. The agenda will include the following: Various VITA Issues.