3 minute read: The California Franchise Tax Board (FTB) just published Final Regulations on the Individual Shared Responsibility Penalty. The California Individual Mandate, in effect since January 1, 2020, will …
2020
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Affordable Care Act
Minimize Penalties with ACA Best Practices for the Holiday Season
by Robert Sheenby Robert Sheen3 minute read: With the New Year around the corner, employers should begin preparing their ACA Forms 1094-C and 1095-C if they haven’t already begun to do so. Each year, …
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Affordable Care Act
The Annual ACA PCORI Fees are Increasing in 2021
by Robert Sheenby Robert Sheen2 minute read: The IRS has released the PCORI fee for plans that end on or after October 1, 2020 and before October 1, 2021. For plans that end on …
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3 minute read: On December 1, 2020, the IRS announced updates to the services it will be processing as a part of its mission-critical functions. Among the processes are ACA …
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Affordable Care Act
The Most Commonly Asked ACA Reporting Questions, Answered
by Robert Sheenby Robert Sheen3 minute read: With less than three weeks left to file for 2020, if not already completed, employers should be preparing their ACA filings with the IRS. With ACA reporting …
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2 minute read: IRS Notice 2020-76 provided for a 30-day extension for the furnishing deadline of IRS Forms 1095-C and extended “Good-Faith Relief” from penalties under IRC Sections 6721 and …
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2 minute read: Every year Applicable Large Employers (ALEs) must file and furnish their ACA information to the IRS and their employees, respectively. Failing to do so can result in …
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2 minute read: The IRS has released the final versions of the ACA reporting Forms 1094-C and 1095-C, in addition to the reporting instructions for the 2020 tax year, to …
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Affordable Care Act
Biden’s ACA Enhancements Could Create Challenges For Employers
by Chris Areyby Chris Arey2 minute read: President-elect Joe Biden’s term will begin in a few short months and as he promised during his campaign, there will be a number of advancements made to …
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3 minute read: Earlier this year, the IRS issued the 2021 employer mandate penalties under IRC 4980H(a) and 4980H(b). It should come as no surprise that the penalty amounts have …
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Affordable Care Act
ACA Likely to Remain Following Supreme Court Oral Arguments
by Chris Areyby Chris Arey3 minute read: The Affordable Care Act may have avoided the possibility of being removed once and for all, as the Supreme Court hearing last week suggests. The California v. …
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Affordable Care Act
Prop 22 has Significant Implications on ACA Healthcare Benefits
by Robert Sheenby Robert Sheen2 minute read: With everyone’s attention focused on the results of the presidential election, folks may not realize that California Prop 22 will pass. As of November 6, the status …
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Affordable Care Act
IRS Announces COVID-19 Tax Relief Initiative to Help Taxpayers
by Robert Sheenby Robert Sheen2 minute read: On November 2, 2020, the IRS announced several changes to its collection procedures to assist struggling taxpayers impacted by COVID-19. These changes include: Taxpayers who qualify for …
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3 minute read: Heading into Election Day, a record-breaking one million Americans cast their ballots early, creating a myriad of potential challenges for determining a clear victor in the 2020 …
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Affordable Care Act
Lower ACA Premiums Heading into Open Enrollment for 2021
by Chris Areyby Chris Arey3 minute read: The Healthcare.gov open enrollment period for the 2021 tax year will begin on November 1, 2020, and will run through December 15. Surprisingly, premiums are down and …
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2 minute read: We recently covered the ins and outs of the ACA’s Form 1095-C. Now, we will be covering the new codes that are anticipated for the 2020 tax …
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Affordable Care Act
D.C. Upholds Health Carrier Tax, Supporting ACA Health Exchanges
by Chris Areyby Chris Arey3 minute read: An argument regarding the District of Columbia’s ACA health exchange tax was decided late last month. The decision rules in favor of the tax, supporting state-run health …
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Affordable Care Act
IRS to Require Reporting of ICHRAs on Tax Forms for 2020
by Robert Sheenby Robert Sheen2 minute read: An Individual Coverage Health Reimbursement Arrangement (ICHRA) can be beneficial for employers and employees alike. According to HealthCare.gov, employers can “control costs by providing defined non-taxed reimbursements …
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Affordable Care Act
Possible ACA Outcomes If Joe Biden Is Elected in November
by Chris Areyby Chris Arey2 minute read: With the 2020 presidential election a few short weeks out, it’s incredibly important that voters understand what Joe Biden versus Donald Trump will do to the ACA …
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2 minute read: “What exactly is Form 1095-C?” It’s a question that employers often ask when they’re first introduced to the responsibilities of the ACA’s Employer Mandate. In this post, …
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2 minute read: With the potential of Trump’s nominee, Amy Coney Barrett, becoming the newest justice on the U.S. Supreme Court in time for the November 10, 2020 hearing on …
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Affordable Care Act
Employers Must Show Reasonable Cause for Failure to File IRS Forms
by Robert Sheenby Robert Sheen2 minute read: The IRS imposes penalties for late filing of Forms 1094-C and 1095-C or for late furnishing of Forms 1095-C under Internal Revenue Code (IRC) Sections 6721 and …
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2 minute read: The IRS just released very important guidance concerning employers’ obligations under the Affordable Care Act. Notice 2020-76, released October 2, 2020, addresses a broad array of topics …
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Affordable Care Act
Proposition 22 Will Require Healthcare Subsidies and Reporting
by Robert Sheenby Robert Sheen2 minute read: Proponents of Proposition 22 have flooded TV airwaves with ads warning against the loss of jobs if Prop 22 does not pass. Prop 22 is a ballot …
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3 minute read: As the fourth quarter of 2020 draws near, so does the presidential election. A popular topic of debate to be addressed in the coming election is healthcare, …
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Affordable Care Act
IRS Releases New ACA Filing Information for the 2020 Tax Year
by Robert Sheenby Robert Sheen2 minute read: The IRS has published various Affordable Care Act Information Returns (AIRs) documents for the 2020 tax year with which employers will need to familiarize themselves before electronically …
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2 minute read: New IRS guidance addresses the intersection of COVID-19, Medicaid, and the Affordable Care Act (ACA). In a bid to increase COVID-19 testing in the U.S., one facet …
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Affordable Care Act
ACA Office Reopens & Issues 2018 Penalty Letters
by Robert Sheenby Robert Sheen1 minute read: The IRS Affordable Care Act (ACA) Enforcement Office, located in Ogden, Utah, had been temporarily closed since late March 2020, due to state stay-at-home orders issued in …
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Affordable Care Act
CA AB2257 and Its Impact on ACA and Pay Equity Compliance
by Robert Sheenby Robert Sheen2 minute read: California’s AB 5 has forever changed how employers work with freelance workers; that much is certain. A new bill, however, may provide relief for employers that work …
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Affordable Care Act
What California Residents Need to Know About the Individual Mandate
by Robert Sheenby Robert Sheen2 minute read: This year will mark the first year that California residents will face a new reality of the Individual Mandate. While 2019 was a year of reprieve from …
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Affordable Care ActHealth Care Coverage
ACA to Aid Millions in Obtaining Healthcare, KFF Report Finds
by Robert Sheenby Robert Sheen2 minute read: The data is in: at least 27 million Americans have lost employer-sponsored health coverage as a result of COVID-19. The Kaiser Family Foundation issued a report in …
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Affordable Care Act
Covered California Introduces New Special Enrollment Period
by Robert Sheenby Robert Sheen1 minute read: Covered California, the state health insurance marketplace established by the Affordable Care Act, has introduced a new special enrollment period to benefit victims of the 500+ wildfires …
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Affordable Care Act
SBA Posts New Interim Rule on SBA Loan Review Decisions Under the Paycheck Protection Program (PPP)
by Robert Sheenby Robert Sheen2 minute read: On August 12, 2020, the Small Business Association (SBA) issued a new interim final rule that provides guidance for borrowers and lenders on the appeal procedure for …
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ACA ComplianceAffordable Care Act
New Jersey Adopts ACA Provision to Lower Healthcare Costs
by Robert Sheenby Robert Sheen3 minute read: Earlier this month, New Jersey signed into law a state version of an Affordable Care Act provision, the Health Insurance Assessment (HIA) program. New Jersey is the …
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2 minute read: In another court victory for the Affordable Care Act (ACA), a federal appellate court ruled in Texas v. Rettig that a provision of the ACA that imposes …
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Affordable Care Act
ACA Compliance Responsibilities Could Increase if the Federal Government Adopts the ABC Test for Employee Misclassification
3 minute read: A tsunami for the gig economy may be coming on the horizon. We have written recently about the ongoing issues that gig economy employers, such as Uber …
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3 minute read: In yet another triumphant win for the Affordable Care Act, the state of Missouri approved and passed the expansion of Medicaid. The expansion comes after nearly 53% …
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Affordable Care Act
California Doubles Down on Its Gig Economy Worker Misclassification Challenge. Learn How That Could Affect Your ACA Compliance
3 minute read: California is doubling down in its battle against the gig economy. The California Labor Commissioner’s office just announced that it filed a lawsuit against Uber for misclassifying …
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2 minute read: The convergence of insurance regulation at the federal and state levels keeps getting more complex. In July, the DC Circuit Court of Appeals upheld the Trump administration …
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Affordable Care Act
SBA Releases FAQs on Loan Forgiveness Under the Paycheck Protection Program (PPP)
by Robert Sheenby Robert Sheen1 minute read: On August 4, 2020, the Small Business Association (SBA) released 10 pages of FAQs pertaining to loan forgiveness under the Paycheck Protection Program (PPP). The PPP is …
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Affordable Care Act
New Senate Bill Seeks to Enhance the Employee Retention Credit Under the CARES Act
by Robert Sheenby Robert Sheen2 minute read: The Senate recently introduced new legislation to further assist in the continuing COVID-19 pandemic, including the American Workers, Families and Employer Assistance Act. Under this Senate Bill, …
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Affordable Care Act
Gig-Economy Worker Benefits Will Affect ACA Compliance
by Robert Sheenby Robert Sheen3 minute read: It’s no mystery that both companies and consumers benefit from the gig-economy, but what about the workers? Sure, it provides a means to an end, but workers …
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ACA ComplianceAffordable Care Act
Employee Misclassification Laws Add Headache to Employer ACA Compliance
3 minute read: In the past year three states have implemented laws that broaden the definition of “employee” and include penalties or additional liability exposure for employers who misclassify their …
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Affordable Care Act
More ACA Complexity: California Releases Draft Instructions Diverge From ACA Employer Reporting
by Robert Sheenby Robert Sheen2 minute read: With the zeroing out of the ACA’s “Individual Mandate,” which required individuals to have minimum essential health coverage through the enactment of the Tax Cuts and Jobs …
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Affordable Care Act
IRS Increases Premium Tax Credit Eligibility and Affordability Cap
by Robert Sheenby Robert Sheen1 minute read: The IRS updated indexing adjustments for certain provisions under IRC Section 36B in Revenue Procedure 2020-36. See RP 2020-36. In particular, the initial and final premium percentages …
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2 minute read: House of Representative Democrats have unveiled a bill that would enhance many of the ACA’s components while reversing much of the Trump administration’s onslaught to the healthcare …
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2 minute read: On July 8, 2020 the Supreme Court handed down its decision in Little Sisters of the Poor v. Pennsylvania, upholding the new Trump Administration rule regarding contraceptive …
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Affordable Care Act
IRS Release Drafts of 2020 IRS Forms 1094-C and 1095-C
by Robert Sheenby Robert Sheen2 minute read: The IRS released its draft 2020 IRS Forms 1094-C and 1095-C, dated as draft as of July 13, 2020. There are no changes to the Form 1094-C …
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Affordable Care Act
ACA’s Expansion of Medicaid Takes Hold in Oklahoma
by Robert Sheenby Robert Sheen3 minute read: In late June, Oklahoma joined 37 other states and the District of Columbia in expanding Medicaid under the ACA. Better late than never and in good timing …
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Affordable Care Act
Proposed Rules allow for More Flexibility to Grandfathered Group Health Plans
by Robert Sheenby Robert Sheen2 minute read: The Treasury, the Internal Revenue Service, the Department of Labor and the Department of Health and Human Services have jointly released a notice of proposed rulemaking to …