ACA Reporting Requirements Remain Intact for Employers Into 2018
Employers hoping for an escape from Affordable Care Act reporting and other compliance obligations are apt to be disappointed. Notwithstanding repeal-and-replace efforts in Congress, employers are expected to maintain full ACA compliance in 2017, as 2016 saw the elimination of good faith and transitional relief that was available for 2015 reporting.
The following is a list of compliance issues employers should be aware of as 2017 winds to a close:
Reporting Requirements: Draft instructions for filing Forms 1094-C and 1095-C indicate the 2017 returns maintain last year’s deadlines. Large employers–those with 50 or more full-time employees in the previous year–use Form 1095-C and transmittal Form 1094-C to report health care coverage offered to full-time employees in the previous calendar year. Forms 1095-B and transmittal Form 1094-B document employer offers of minimal essential coverage during the previous calendar year. Employers can receive an automatic 30-day extension by filing Form 8809 with the IRS. Employers that fail to file or furnish the forms, or submit incorrect information returns, face a penalty of $260 per form, according to the 2017 draft instructions for Forms 1094-C and 1095-C. The same monetary penalty applies to noncompliance with Form 1094-B and Form 1095-B reporting requirements.
| IRS Form | 2015 Deadline | 2016 Deadline | 2017 Deadline |
| Forms 1095-B and 1095-C
Submitted to employees |
Mar. 31, 2016 | Jan. 31, 2017 | Jan. 31, 2018 |
| Forms 1094-B and 1094-C with copies of 1095-B and 1095-C
Submitted to the IRS by paper |
May 31, 2016 | Feb. 28, 2017 | Feb. 28, 2018 |
| Forms 1094-B and 1094-C with copies of 1095-B and 1095-C
Submitted to the IRS electronically |
Jun. 30, 2016 | Mar. 31, 2017 | Mar. 31, 2018 |
Nondiscrimination: Beginning on or after Jan. 1, 2017, employers were required to implement provisions that ban discrimination by any self-funded health plan that receives federal financial assistance or is administered by an executive agency. Section 1557 of the ACA prohibits discrimination on the basis of race, color, national origin, age, disability, or sex, including discrimination based on pregnancy, gender identity, or sex stereotyping in certain health programs and activities.
Plans are also required to provide, free of charge, auxiliary aids and services to individuals with disabilities and language assistance services for individuals not proficient in English.
Summary of Benefits and Coverage: Plan sponsors were also required to begin using the new SBC materials and supporting documents in 2017. Under the ACA, health plans must provide consumers with the version of the summary of benefits and coverage and uniform glossary finalized by federal agencies in 2016.
Links to Informational Publications:
Draft instructions – https://www.irs.gov/pub/irs-dft/i109495c–dft.pdf
Ban discrimination – http://src.bna.com/eYc
Summary of benefits – https://www.dol.gov/agencies/ebsa/laws-and-regulations/laws/affordable-care-act/for-employers-and-advisers/summary-of-benefits
