In the News

2025 Standard Mileage Rates Announced

Affordable Tax & Accounting

As it does every year, the Internal Revenue Service recently announced the inflation- adjusted 2025 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical, or moving purposes.

Beginning on Jan. 1, 2025, the standard mileage rates for the use of a car (or a van, pickup or panel truck) are:

  • 70 cents per mile for business miles driven (including a 33-cent-per-mile allocation for depreciation). This is up from 67cents per mile in 2024; 
  • 21 cents per mile driven for medical, down from 22 cents per mile same as 2024; and
  • 14 cents per mile driven in service of charitable organizations.

The business standard mileage rate is based on an annual study of the fixed and variable costs of operating an automobile. The rate for medical and moving purposes is based on the variable costs as determined by the same study. The rate for using an automobile while performing services for a charitable organization is statutorily set (it can only be changed by Congressional action) and has been 14 cents per mile for over 25 years.

When using a personal vehicle while performing services for a charitable organization, and instead of using the 14 cents a mile method, a taxpayer who itemizes their deductions can deduct directly-related out-of-pocket expenses, such as the cost of gas and oil. However, the expenses of general repair and maintenance, depreciation, registration fees, or the costs of tires or insurance aren’t deductible.

Important Considerations for Business Use of a Vehicle – Taxpayers always have the option of calculating the actual costs of using their vehicle for business rather than using the standard mileage rates. In addition to volatile fuel prices, the bonus depreciation as well as increased depreciation limitations for passenger autos may make using the actual expense method worthwhile during the first year a vehicle is placed in business service. While the bonus depreciation rate had been 100% during 2018-2022, it was 80% for 2023, 60% for 2024 and will be 40% for vehicles put in service in 2025.

However, the standard mileage rates cannot be used if you have used the actual method (using Sec. 179, bonus depreciation and/or MACRS depreciation) in previous years. This rule is applied on a vehicle-by-vehicle basis. In addition, the business standard mileage rate cannot be used for any vehicle used for hire or for more than four vehicles simultaneously.

What business owners using the standard mileage rate frequently overlook is that parking and tolls, as well as state and local property taxes paid for the vehicle and attributable to business use, may be deducted in addition to the standard mileage rate.

Employer Reimbursement – When employers reimburse employees for business-related car expenses using the standard mileage allowance method for each substantiated employment-connected business mile, the reimbursement is tax-free if the employee substantiates to the employer the time, place, mileage and purpose of employment-connected business travel.

The Tax Cuts and Jobs Act eliminated employee business expenses as an itemized deduction, effective for 2018 through 2025. Therefore, during these years employees may not take a deduction on their federal returns for unreimbursed employment-related use of their autos, light trucks, or vans.

However, self-employed taxpayers can still deduct the business use of a vehicle. Regardless of whether the standard mileage rate or actual expense method is used, a self-employed taxpayer may also deduct the business use portion of interest paid on an auto loan on their Schedule C.

Faster Write-Offs for Heavy Sport Utility Vehicles (SUVs) – Many of today’s SUVs weigh more than 6,000 pounds and are therefore not subject to the limit rules on luxury auto depreciation; taxpayers with these vehicles can utilize both the Section 179 expense deduction (up to a maximum of $31,300 in 2025)  and the bonus depreciation (the Section 179 deduction must be applied before the bonus depreciation) to produce a sizable first-year tax deduction. However, the vehicle cannot exceed a gross unloaded vehicle weight of 14,000 pounds. Caution: Business autos are 5-year class life property. If the taxpayer subsequently disposes of the vehicle before the end of the 5-year period, as many do, a portion of the Section 179 expense deduction will be recaptured and must be added back to the taxpayer’s income (SE income for self-employed individuals). The future ramifications of deducting all or a significant portion of the vehicle’s cost using Section 179 should be considered.

If you have questions related to the best methods of deducting the business use of your vehicle or the documentation required, please give this office a call.

 

HHS Issues Proposed Rule to Modify HIPAA Security Rule

Alliance Daily

On Friday, December 27, the U.S. Department of Health and Human Services (HHS) Office of Civil Rights released a Notice of Proposed Rulemaking to amend the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule. This proposed rule would propose significant changes intended to improve cybersecurity standards for the protection of electronic protected health information (ePHI). This is in response to an evolving healthcare landscape, characterized by an alarming increase in cyberattacks and cybersecurity breaches occurring nationwide in the healthcare sector. HHS has published a press release and fact sheet with information on topline proposals accompanying the proposed rule. Comments on the proposed rule are due March 7, 2025.

The Security Rule,[1] part of the HIPAA regulations,[2] was initially published in 2003 and last modified in January 2013. It creates standards for protecting the confidentiality and integrity of ePHI, and applies to covered entities—including health plans, healthcare clearinghouses, and healthcare providers—that create, receive, maintain, or transmit ePHI.

The proposed rule addresses significant changes in technology, changes in breach trends and cyberattacks, HHS’ Office for Civil Rights’ (OCR’s) enforcement experience, and other guidelines, best practices, methodologies, procedures, and processes for protecting ePHI. In addition, the proposed rule addresses the following topics, including a request for comments in each section:

  • Updating Definitions: The proposed rule clarifies and updates terminology used in a non-exhaustive list of examples of electronic storage material, including preparing for future technology. It also includes updates to reflect the role of emerging technologies, such as artificial intelligence (AI) and quantum computing in data security.
  • Security Standards: HHS proposes improving consistency of language between the Security Rule and other sections of HIPAA, by including more flexibility and scalability.
  • Administrative Safeguards: HHS proposes to update policies and procedures for the management and execution of security measures, including requirements for risk analyses that incorporate testing and evaluation of security measures.
  • Physical Safeguards: The proposed rule would modify Security Rule physical safeguard standards and addresses recent case law regarding steps to protect confidentiality, integrity, and available of ePHI.
  • Technical Safeguards: The proposed rule aims to improve guidance to ensure covered entities are adequately implementing, reviewing, and updating their policies and procedures, and includes, among other things, requirements for encryption and multi-factor authentication (MFA) to safeguard ePHI.
  • Organizational Requirements: HHS proposes adding additional requirements to business associate agreements and when to activate contingency plans, to address risk trends and contingency planning for data breaches and service interruptions.
  • Documentation Requirements: HHS proposes to delete and modify documentation requirements to align with administrative, physical, and technical safeguards changes throughout this proposed rule by requiring written documentation to be in electronic form. In addition, the rule would modify specifications for documentation time limits, availability, and updates.
  • Transition Provisions: HHS proposes to remove compliance date information in 45 CFR 164.318 and replace this language for transitioning to the revised Security Rule, if finalized.
  • New and Emerging Technologies Request for Information (RFI): HHS is requesting information on quantum computing, AI, virtual and augmented reality (VR and AR) and its impact on the Security Rule.  

The Alliance is working on a more detailed breakdown of the proposed rule as well as scheduling opportunities for members to provide feedback. If you have feedback or questions, please reach out to [email protected].

 

The Top 10 Home Health Care News Stories Of 2024

Home Health Care News / By Joyce Famakinwa
 
Major deals hit snags. Home health cuts continued. Regulatory noise came in from all sides, in Medicare and in Medicaid. All of those realities made their way into Home Health Care News’ most popular stories for the year. In order to summarize the 2024 that providers had, HHCN is revisiting 10 of its most widely read stories.
 
1. Home Care Industry Slams Finalized 80-20 Rule, Warns Agency Closures Are Coming (April 22)
  
2. Court Orders VitalCaring to Share 43% of Profits With Encompass Health, Enhabit (December 3)
   
3. How The Supreme Court’s Chevron Decision Could Help Stop Home Health Cuts (June 28)
 
4. DOJ Sues To Block ‘Anticompetitive and Illegal’ UnitedHealth Group-Amedisys Deal (November 12) 
  
5. Home Care’s Industry-Wide Turnover Rate Reaches Nearly 80% (July 3)
 
6. The Looming Home Care Disaster In New York State (March 18) 
  
7. ‘We Need A Break, Please!’: Home Health Providers Sound Off On CMS Over Rate Cuts (October 11)
 
8. Enhabit Walks Away From UnitedHealthcare After ‘9 Months Of Unsuccessful Negotiations’ (August 7) 
 
9. 6 Home Care Leaders To Watch, According To Other Home Care Leaders(January 29)
  
10. Pinnacle Home Care CEO: Home Health Margins Will Increase ‘Significantly’ With AI (October 22)

 

Three Major Health Care Policy Issues to Watch in 2025

Stat News / By John Wilkerson

WASHINGTON — Health care did not play a big role in the election that’s sending President Trump back to the White House and giving Republicans control of Congress. That doesn’t mean Congress will avoid the topic next year.

Trump mostly avoided talking about health care during his 2024 campaign, a contrast from 2016, when he ran on the promise of repealing and replacing the Affordable Care Act. But he did promise to “not cut one penny” from Medicare, and he said he’d give prominent vaccine critic Robert F. Kennedy Jr., now his pick to run the Department of Health and Human Services, broad rein to reshape health care. 

However, Trump did promise to extend individual tax cuts that Republicans passed in 2017 and that are set to expire at the end of next year. He also wants to further cut corporate tax rates. 

That tax plan would significantly increase the already ballooning deficit, so Republicans will likely need to rely on health care policy changes to help offset it, according to three former government health care officials, all of whom ran the agency overseeing Medicare and Medicaid. 

“It was not a health care election,” said Nancy-Ann Min DeParle, who ran the Obama White House Office of Health Reform. “But no, health care will not take a back seat.”

DeParle, Mark McClellan, and Tom Scully spoke at an American Bar Association conference on Dec. 9. Here are the major policy issues they expect to surface next year. 

Medicaid cuts

DeParle predicted that Republicans will target Medicaid for cuts because Trump has promised not to cut spending for Medicare, Social Security, and defense,leaving Medicaid as one of the only big programs to pay for tax cuts. DeParle ran Medicare during the Clinton administration and is now a partner at the private equity firm Consonance Capital Partners, which she cofounded.

Medicaid is especially vulnerable because Republicans control the White House and both chambers of Congress. That enables them to avoid the Senate filibuster by using a budget process that requires only a simple majority to pass. 

Federal Medicaid spending increased significantly under the Biden administration as enrollment in the health insurance program for the poor swelled, thanks to pandemic-era legislation that prohibited states from disenrolling people. Enrollment began falling after states were allowed to trim their rolls last year. 

Republicans are expected to pursue policies, such as work requirements and capped Medicaid funding levels, that could further reduce enrollment

Read Full Article

 

2024 in Review and What to Expect in 2025

SESCO Management Consultants

2024 In Review

  • The Fair Labor Standards Act and the White-Collar Exemptions. In April, the U.S. Department of Labor (DOL) issued a rule aimed at raising the salary threshold for overtime exemptions under the Fair Labor Standards Act (FLSA). In November, a federal judge in Texas struck down the DOL's proposed rule on a nationwide basis. As a result, the salary thresholds reverted to the 2019 rule, resetting the White-Collar Exemptions to $35,568 per year.
  • The Federal Trade Commission and Non-Compete Agreements. In May, the Federal Trade Commission (FTC) promulgated a rule that effectively banned non-compete agreements and required employers not to enforce them, which was supposed to take effect in September 2024. The National Labor Relations Board also stated its intent to join the FTC's efforts to curb the use of non-compete agreements. The FTC's rule came under fire in federal litigation and has been blocked.
  • Equal Employment Opportunity Commission Guidance on the Pregnant Workers Fairness Act. The Pregnant Workers Fairness Act (PWFA) offers protections for pregnant employees, including requiring employers to provide workplace accommodations. In April, the Equal Employment Opportunity Commission (EEOC) published final interpretative guidance and regulations implementing the PWFA, which became effective in June. According to the EEOC, accommodations may be available for the temporary inability to perform an essential job function if the employee is expected to be able to perform the function at a to-be-determined time in the future. Moreover, a qualifying medical condition under the PWFA doesn't have to be solely caused by pregnancy and childbirth and can include conditions such as lactation, vomiting, abortion, and pre-eclampsia. This rule survived an initial federal challenge by a coalition of state attorneys general earlier this year.
  • Hourly Earnings. Real average hourly earnings for all employees were unchanged from October to November; this result stems from an increase of 0.4 percent in average hourly earnings combined with an increase of 0.3 percent in the Consumer Price Index (CPI). Real average hourly earnings increased 1.3 percent from November 2023 to November 2024.

What to Expect in 2025

  • AI Legislation on the Rise. As 2025 approaches, the legal landscape for employer use of artificial intelligence (“A.”) is poised for further evolution. In 2024 alone, over 400 AI-related bills were introduced across 41 states—a substantial increase from prior years. While Congress has yet to take decisive action, the trends from 2024 suggest a continued rise in state-led AI policies and federal agency guidance in 2025.
  • NLRB Poised to Switch to Republican Majority in Early 2025. It is likely there will be changes at the National Labor Relations Board (NLRB or Board). President-Elect Trump likely will remove Jennifer Abruzzo from her position as the NLRB’s current General Counsel. President-Elect Trump will have the opportunity to fill two open Member slots on the Board after his inauguration. While we can safely assume the new Republican Board and General Counsel will unwind many of the Biden Administration-era NLRB’s more controversial decisions, including its notable decisions which changed the standard for review of employer rules and policies, and which concocted a union-friendly procedure for recognition without any election – the timing of such is uncertain.
 
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