Benefits Blog

A Prepper's Guide to ACA Employer Mandate Penalty Assessment

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David LeFevre
ERISA Counsel, Wortham Insurance & Risk Management

Written: November 13, 2017

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The robot apocalypse is a ways off (...or isn't it), but the IRS penalty machine is gearing up, and the order from Skynet is guilty until proven innocent. No, really. The more time we spend analyzing the newest IRS guidance and sample forms, the more it appears IRS is going to put employers on the defensive—all at a terrible time of year in the HR calendar and under the gun of short deadlines. Here's why we think that, plus some thoughts on how to prepare.Penalty Assessment ScenariosLine 16 Blank for Any One MonthBased on the sample Letter 226J IRS released, IRS is presuming an employer is liable for an employer shared responsibility excise tax (a/k/a pay-or-play penalty) if an employee got subsidized individual coverage on a state or federal exchange and that employee received a 1095-C on which line 16 is blank for any one or more months.

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ACA Employer Mandate Penalty Notices Will Be Issued Soon

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Ryan Moulder
Owner/General Counsel, Accord Systems LLC

Written: November 07, 2017
Last updated: November 08, 2017

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The Boston Business Journal, citing unnamed IRS and White House officials, recently reported that the IRS would be issuing employer mandate (a/k/a "pay-or-play") penalty notices in November for coverage offered during 2015. Then, on November 2, IRS updated some of its Q&A guidance to reflect new procedures for how to pay or contest employer mandate penalty assessments. Taken together, it's fair to say IRS is not blowing smoke; this month some employers will receive a demand from IRS that the employer pay for not playing by the ACA's rules in 2015.Why Might IRS Send a Penalty Notice?There are two possible reasons: either the employer owes a penalty, or IRS thinks the employer owes a penalty based on 1094/1095 data and data from the federal and state exchanges/marketplaces. Remember, back in 2015 many employers were really struggling to combine payroll and benefits data sources into something the IRS 1094/1095 reporting system would accept.

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Trump Administration Kills Cost-Sharing Reduction Payments for Individual Markets

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Timothy Jost
Contributor, Health Affairs Blog

Written: October 13, 2017

Yesterday, October 12, 2017, the White House press office announced that the administration will no longer be reimbursing insurers for the cost-sharing reductions they are legally required to make for low-income individuals. The Affordable Care Act requires insurers to reduce cost sharing for individuals who enroll in silver plans and have household incomes not exceeding 250 percent of the federal poverty level. These provisions reduce the out-of-pocket limit for these enrollees—particularly for those with incomes below 200 percent of poverty—and sharply reduce deductibles, coinsurance, and copayments. The reductions cost insurers around $7 billion a year currently. ...[T]he ACA requires the federal government to reimburse insurers for these reductions. This is not a bailout. It is rather a statutory obligation of the federal government to pay insurers for services they have provided as required by law. In 2014, the House of Representatives sued the Obama administration in House v.

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Bipartisan Proposal to Revamp Employer Reporting Requirements

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Timothy Jost
Contributor, Health Affairs Blog

Written: October 05, 2017

...To ensure compliance with the employer responsibility requirement and to assist verification of compliance with the individual responsibility requirement, the ACA requires large self-insured employers and insurers who cover employee benefit plans to file reporting forms annually with the Internal Revenue Service, and to annually provide full-time employees with statements regarding their coverage. These reports can also be used to verify whether individuals who apply for premium tax credits are in fact ineligible for affordable minimum-value coverage, which would disqualify them from assistance.(The IRS has recently released the forms used for this reporting: the final 2017 1095-B insurer reporting and 1095-C large employer reporting forms, as well as the 1095-A reporting forms used by marketplaces to report individual coverage.)These reporting requirements are quite burdensome for employers.

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It's For Real This Time: Indications from the Draft Instructions for 2017 Forms 1094 and 1095

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Ryan Moulder
Owner/General Counsel, Accord Systems LLC

Written: September 05, 2017

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Late last week IRS released draft instructions for Forms 1094-C and 1095-C. Changes from the 2016 final instructions are minimal. Most of the changes result from elimination of transition relief provisions that no longer apply. The draft instructions are thus shorter than in prior year, yet they are just as fun to read. (Just a hint of sarcasm there.) Changes to Form 1094-CAll changes to Form 1094-C relate to elimination of transition relief that no longer applies. First, both boxes B and C on line 22 are now labeled “Reserved.” These boxes will never apply in 2017 as the transition relief to which boxes B (Qualifying Offer Method Transition Relief) and C (Section 4980H Transition Relief) could have applied are no longer applicable.

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