United Benefit Advisors Insight and Analysis Blog

IRS Q&A About Employer Information Reporting on Form 1094-C and Form 1095-C

Posted by: Danielle Capilla    Feb 22, 2017 9:30:00 AM

The Internal Revenue Service (IRS) recently updated its longstanding Questions and Answers about Information Reporting by Employers on Form 1094-C and Form 1095-C that provides information on:

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Topics: ACA, Danielle Capilla, Affordable Care Act, COBRA continuation coverage, Form 1094-C, IRS reporting, Form 1095-C, offer of coverage

Keeping Pace with the Protecting Affordable Coverage for Employees Act

Posted by: Vicki Randall    Feb 16, 2017 9:30:00 AM

Last fall, President Barack Obama signed the Protecting Affordable Coverage for Employees Act (PACE), which preserved the historical definition of small employer to mean an employer that employs 1 to 50 employees. Prior to this newly signed legislation, the Patient Protection and Affordable Care Act (ACA) was set to expand the definition of a small employer to include companies with 51 to 100 employees (mid-size segment) beginning January 1, 2016.

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Topics: health care costs, ACA, essential health benefits, minimum essential coverage, Affordable Care Act, PACE Act, Compliancedashboard, Vicki Randall, Protecting Affordable Coverage for Employees Act, small employer

Good Sense Guide to Minimum Essential Coverage Forms 1094-C and 1095-C

Posted by: Vicki Randall    Feb 2, 2017 9:30:00 AM

If you are an Applicable Large Employer (ALE), you may still be catching your breath from 2015 Patient Protection and Affordable Care Act (ACA) reporting. However, in a couple of weeks the process starts all over again as you prepare for the 2016 reporting cycle. As with all new requirements, the first filing cycle had some bumps as there was little guidance for some of the questions and issues that arose. In preparation for 2017, let’s take a look at the “C” forms and discuss areas of the forms that may have been confusing.

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Topics: ACA, Affordable Care Act, applicable large employers, Compliancedashboard, Vicki Randall, Form 1094-C, IRS reporting, Form 1095-C, offer of coverage

Implications of the 21st Century Cures Act

Posted by: Danielle Capilla    Feb 1, 2017 9:30:00 PM

On December 13, 2016, former President Obama signed the 21st Century Cures Act into law. The Cures Act has numerous components, but employers should be aware of the impact the Act will have on the Mental Health Parity and Addiction Equity Act, as well as provisions that will impact how small employers can use health reimbursement arrangements (HRAs). There will also be new guidance for permitted uses and disclosures of protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA). We review the implications with HRAs below; for a discussion of all the implications, view UBA’s Compliance Advisor, “21st Century Cares Act”.

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Topics: ACA, premium subsidies, health reimbursement arrangements, HRA, Affordable Care Act, health care cost, 21st Century Cures Act, Qualified Small Employer HRA, insurance premium reimbursement

Making Sense of Form 1095 Minimum Essential Coverage Reporting

Posted by: Vicki Randall    Jan 12, 2017 9:30:00 AM

In a few weeks, a second season of shared responsibility reporting will begin. For some of you, last year’s inaugural year of reporting may have felt eerily similar to Lewis Carroll’s famous book. You know the one. It included a little girl falling down a dark hole, a rabbit frantically checking his watch and a lot of other crazy characters. Now that you have the benefit of one year of reporting under your belt, let’s look at the reporting forms and try to make them less confusing by breaking them down.

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Topics: ACA, IRS Form 1095, minimum essential coverage, employer shared responsibility, Affordable Care Act, individual shared responsibility, Compliancedashboard, IRS reporting, Form 1095-B, Form 1095-C

Handling of Retaliation Complaints under Section 1558 of the Affordable Care Act

Posted by: Nancy Bourque    Jan 10, 2017 9:30:00 AM

The Occupational Safety and Health Administration (OSHA) recently released a final rule on the procedures for the handling of whistleblower complaints under Section 1558 of the Patient Protection and Affordable Care Act (ACA). The regulations protect employees (which includes former employees and applicants for employment) who may have been subject to retaliation for seeking assistance under certain affordability assistance provisions, or for reporting potential violations of the ACA’s consumer protections.

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Topics: ACA, Affordable Care Act, OSHA, Nancy Bourque, whistleblower complaints, retaliation, consumer protection

Interim Final Regulation on Maximum Civil Monetary Penalties

Posted by: Danielle Capilla    Dec 29, 2016 10:30:00 AM

The Department of Health and Human Services (HHS) recently issued interim final regulations that adjust for inflation the maximum civil monetary penalties (CMP) that fall under HHS's jurisdiction. The regulations reflect changes required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the Act).

Adjustments under the Act were effective on August 1, 2016, and HHS's CMP adjustment regulations were effective on September 6, 2016. HHS issued its regulations for immediate implementation, without the notice and comment procedures that normally accompany new regulations.

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Topics: compliance, ACA, HIPAA, group health insurance, Danielle Capilla, Affordable Care Act, monetary penalties

Employer Exchange Subsidy Notices: Should You Appeal?

Posted by: Vicki Randall    Dec 15, 2016 10:30:00 AM

Under the Patient Protection and Affordable Care Act (ACA), all public Exchanges are required to notify employers when an employee is receiving a subsidy (tax credits and cost-sharing reductions) for individual health insurance purchased through an Exchange. According to the final rules published in August 2013, employers have the right, but are not required, to engage in an appeal process through the IRS if they feel an employee should not be receiving a subsidy because the employer offers minimum value, affordable coverage.

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Topics: health insurance exchanges, ACA, IRS Reporting Rules, employer shared responsibility, Affordable Care Act, Compliancedashboard, Dan Bond, health insurance subsidy, Vicki Randall

2016 Election Results: The Potential Impact on Health and Welfare Benefits

Posted by: Danielle Capilla    Nov 14, 2016 10:30:00 AM

Following the November 2016 election, Donald Trump (R) will be sworn in as the next President of the United States on January 20, 2017. The Republicans will also have the majority in the Senate (51 Republican, 47 Democrat) and in the House of Representatives (238 Republicans, 191 Democrat). As a result, the political atmosphere is favorable for the Trump Administration to begin implementing its healthcare policy objectives. Representative Paul Ryan (R-Wis.) will likely remain the Speaker of the House. Known as an individual who is experienced in policy, it is expected that the Republican House will work to pass legislation that follows the health care policies in Speaker Ryan's "A Better Way" proposals. The success of any of these proposals remains to be seen.

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Topics: ACA, PPACA, Affordable Care Act, 2016 election, healthcare policy

UBA Survey: Grandmothering Protects Many Small Employers from Rate Increases

Posted by: Mary Drueke-Collins, FSA    Nov 10, 2016 10:30:00 AM

One goal of the Affordable Care Act (ACA) was to develop uniformity in coverage to ensure that all medical coverage included certain services. However, two interim regulations were passed, essentially allowing individuals and employers to keep their plans that were not completely ACA-compliant. Those regulations were termed “grandfathering” and “grandmothering.” Grandfathering was available to all employers that wanted to keep the plans they had in place prior to the passage of the ACA. For a plan to maintain grandfathered status, there were significant restrictions to plan design modifications and changes to employee contributions. The reality was that very few employers were able to maintain grandfathered status. In the 2016 UBA Health Plan Survey, only 5.9 percent of plans were still grandfathered.

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Topics: ACA, PPACA, UBA Health Plan Survey, transition relief, Affordable Care Act, health insurance cost, Mary Drueke-Collins, grandmothering