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 …
ACA Reporting
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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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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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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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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
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 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
Californians Beware, The Individual ACA Penalty Has Increased
by Robert Sheenby Robert Sheen2 minute read: California residents that fail to obtain qualified health coverage this year will receive a penalty from the state for an amount larger than first projected. Per California’s …
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2 minute read: Employers should start gearing up for IRS penalty letters issued under the Affordable Care Act. According to an announcement posted on the IRS website, the IRS has …
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2 minute read: Virginia has decided to get into the worker misclassification game with the passage and implementation of HB 984 on July 1, 2020. Unlike states such as California …
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2 minute read: This time last year was presumed to be the last time health insurers and employers offering self-funded health insurance plans would have to pay PCORI fees, but …
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2 minute read: Washington DC is one of several jurisdictions to have implemented an individual mandate in the wake of Congress zeroing out the federal ACA penalty for individuals who …
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2 minute read: The Affordable Care Act (ACA) is the single most important piece of health care legislation in generations. One major reason for the ACA’s significant impact on the …
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Affordable Care Act
Protect App-Based Drivers Act Would Create Further Employee Classification and ACA Reporting Issues
3 minute read: As part of their campaign against the requirements of California Assembly Bill 5 (AB5), which went into effect January 2020 and requires employers to treat contract workers …
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Affordable Care Act
AB5 Targets Multi-Level Marketing Companies – See How this Could Affect Your ACA Compliance
3 minute read: Multi-level marketing giant Amway was sued in a proposed class action earlier this year for misclassifying its Independent Business Owners (IBOs) as independent contractors instead of employees. …
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3 minute read: If you are a U.S. business, there is a good chance that one or more of your employees have taken emergency paid sick leave. Such leaves may …
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Affordable Care Act
Employers May See More ACA Penalties As a Result of COVID-19
by Robert Sheenby Robert Sheen2 minute read: A new data analysis report from the Kaiser Family Foundation (KFF) finds the vast majority of Americans who lost their job amid COVID-19will be eligible for government …
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ACA ComplianceAffordable Care Act
Uber and Lyft sued by California for Misclassifying Gig Workers. How Misclassification can Impact ACA Compliance
by Robert Sheenby Robert Sheen3 minute read: Gig Economy giants Uber and Lyft are being sued by the state of California for allegedly failing to meet the requirements of California Assembly Bill 5 (AB …
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ACA ComplianceACA ReportingAffordable Care Act
ACA Penalties to Continue with the IRS Returning to Work
by Robert Sheenby Robert Sheen2 minute read: As states begin to lift their shelter-in-place orders and begin plans to re-open, employers should take note of recent IRSactivity, as the agency is expediting its efforts …
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ACA ComplianceACA ReportingAffordable Care Act
Workforce Changes Now Will Affect ACA Reporting Later
by Robert Sheenby Robert Sheen3 minute read: Several weeks into quarantine and social distancing, many are wondering when the country will reopen. As of April 20, 42 states had placed shelter in place orders. …
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Affordable Care Act
Potential ACA Relief for Employers Facing COVID-19 Hardship
by Robert Sheenby Robert Sheen2 minute read: As the COVID-19 global health pandemic continues to affect businesses large and small, employers must still comply with the requirements of the ACA’s Employer Mandate. As a …
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2 minute read: The IRS has been busy issuing penalties to employers that failed to comply with the ACA’s Employer Mandate for the last several tax years. Employers should note …
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3 minute read: As employers across the country continue to feel the impact of the COVID-19 Pandemic and work to comply with various state or local stay at home orders …
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Affordable Care ActHealth Care Coverage
Federal Special Enrollment Period on the Horizon
by Robert Sheenby Robert Sheen2 minute read: The Trump Administration is doing the unexpected and considering a special ACA enrollment period in light of the COVID-19 Pandemic. The special enrollment period will provide uninsured …
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ACA ComplianceACA ReportingAffordable Care Act
What You Need to Know: ACA Rule of Parity, COVID-19 Pandemic and Temporary Layoffs
4 minute read: The Coronavirus (Covid-19) is putting a strain on all aspects of life in the United States right now. For businesses, they are struggling with closures, decreased demand, …
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ACA ComplianceAffordable Care Act
The Trucking Industry Faces Challenges with AB5
by Robert Sheenby Robert Sheen3 minute read: California’s AB5 has changed the landscape on how independent contractors and employers work together. The trucking industry in particular faces unique challenges in adjusting to the new …
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2 minute read: The Supreme Court has agreed to rule on the constitutionality of the Affordable Care Act, for a second time. This unusual turn of events comes after the …
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3 minute read: The passage and implementation of Assembly Bill 5 (“AB5”) in California has become a reckoning for employers who engage with large numbers of independent contractors and has …
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Affordable Care Act
ACA Paper Filing Submissions are Due to the IRS Today
by Robert Sheenby Robert Sheen2 minute read: Today is the IRS deadline for employers to provide paper filings of forms 1094-C and 1095-C to the IRS for the 2019 tax year as required by …
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Affordable Care Act
No Statute of Limitations on Assessment of Employer Shared Responsibility Payment
by Robert Sheenby Robert Sheen2 minute read: The IRS Office of the Chief Counsel issued new field advice on February 24, 2020 (“Field Notice”) making it clear that there is no statute of limitations …
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3 minute read: Every year Applicable Large Employers (“ALEs”) must file Forms 1094-C and 1095-C with the IRS and furnish Forms 1095-C to employees considered full-time under the Affordable Care …
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ACA ComplianceAffordable Care Act
Why Monthly ACA Compliance is Critical for Avoiding IRS Penalties
by Robert Sheenby Robert Sheen2 minute read: With the IRS expected to continue to ramp up enforcement of the ACA’s Employer Mandate this year, employers should recognize the importance of a monthly ACA compliance …
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3 minute read: Several states and the District of Columbia are taking pains to make sure the Individual Mandate under the Patient and Protection and Affordable Care Act (“ACA”) is …
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Affordable Care Act
Mark These 2020 Dates for 2019 ACA Reporting (UPDATE)
by Robert Sheenby Robert Sheen3 minute read: Every year, the IRS requires employers to submit important ACA information to the agency and their employees. Here are some important dates to keep in mind for …
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ACA ComplianceAffordable Care Act
When Choosing an ACA Vendor, Make Sure They’re SOC II Compliant
by Robert Sheenby Robert Sheen2 minute read: Who do you trust with your data? The large-scale data breaches of the 2010s saw companies ask the question of whether their network security was sufficient to …
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ACA ReportingAffordable Care ActForm 1095-C
Distribute Forms 1095-C by IRS Deadlines to Avoid ACA Penalties
by Robert Sheenby Robert Sheen3 minute read: *updated February 11, 2021 Every year, the IRS requires employers to furnish Forms 1095-C to their full-time workforce, in addition to filing them with the tax agency. …
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Affordable Care Act
Dave & Buster’s Demonstrates Importance of Complying With the ACA
by Robert Sheenby Robert Sheen2 minute read: After a multi-year odyssey, Marin v. Dave & Buster’s, Inc., the class action lawsuit filed in federal courts in New York’s Southern District against the entertainment and …
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2 minute read: Now that it is 2020, several state-wide Individual Mandates have gone into effect, including California’s. As of January 1, California residents, including domestic partners and their dependents, …
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ACA ReportingAffordable Care Act
Avoid IRS Penalties by Electronically Submitting your ACA Filings
by Robert Sheenby Robert Sheen4 minute read: If you are not yet filing Affordable Care Act information electronically with the IRS, you may want to reconsider. There are some considerable benefits to doing so, …