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 …
Minimum Value (MV)
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Affordable Care Act
Why CMS’s 2021 Payment Notice May Lead to More PTC Allocations
by Robert Sheenby Robert Sheen2 minute read: Back in March, the Centers for Medicare and Medicaid Services (CMS) issued the Notice of Benefit and Payment Parameters for 2021 (2021 Payment Notice). The rule includes …
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2 minute read: In the wake of the COVID-19 pandemic, the Internal Revenue Service (IRS) has instituted a number of important adjustments to employee benefits plan compliance rules. Recently, the …
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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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Affordable Care Act
TIGTA Reports 27.4% of Premium Tax Credits Are Improper Payments
by Robert Sheenby Robert Sheen2 minute read: On April 30, 2020, the Treasury Inspector General for Tax Administration (TIGTA) issued a new report entitled, “Improper Payment Reporting Has Improved; However, There Have Been No …
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Affordable Care Act
Returning to Work: Rehiring Employees After COVID-19 and the Impact on ACA Compliance
4 minute read: As states begin to relax their stay at home orders and businesses look to reopen post COVID-19 Pandemic, Employers should start thinking about how bringing back furloughed …
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ACA ComplianceAffordable Care Act
Supreme Court Rules in Favor of ACA Risk Corridors
by Robert Sheenby Robert Sheen2 minute read: The Affordable Care Act chalked up a win in late April when the Supreme Court ordered the federal government to pay insurance companies funding it’s been entitled …
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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: While Trump Administration shot down the idea of a special ACA enrollment period to help individuals who have lost their coverage due to the COVID-19 Pandemic, states …
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13 minute read: Compliance with the various employer provisions of the Affordable Care Act (ACA) can be complicated under normal employment conditions. As employers face the incredibly difficult business climate …
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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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5 minute read: As businesses across the country are shutting their doors to comply with various state or local Stay at Home orders to combat the spread of the COVID-19 …
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3 minute read: As businesses across the country shutter their doors, reduce their hours and move to remote working 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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2 minutes read: Due to the enormous challenges the coronavirus crisis is imposing on our healthcare system, the state of California has extended its Special Enrollment period. Effective immediately, the …
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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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Affordable Care Act
ACA Changes Continue to Stabilize the Marketplace
by Robert Sheenby Robert Sheen3 minute read: According to research by the Kaiser Family Foundation (KFF), there will be an average of 4.5 insurers per state this year, up from 4.0 in 2019 and …
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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
California Health Exchange Welcomes New Enrollees Thanks to Individual Mandate
by Robert Sheenby Robert Sheen2 minute read: As California finalizes its initial open enrollment results, the data shows the state’s Individual Mandate played a part in the higher turnout. According to Covered California, the …
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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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Affordable Care ActPremium Tax Credit
Proposed CMS Rule Could Reduce Number of Premium Tax Credits
by Robert Sheenby Robert Sheen2 minute read: The Centers for Medicare and Medicaid (CMS) has proposed a rule that would ensure that the agency doesn’t wrongfully provide health insurance subsidies, or Premium Tax Credits …
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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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2 minute read: The 2020 open enrollment results for individuals enrolling through the Healthcare.gov platform are in, and the results indicate a strong and stabilizing health care system. A report …
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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, …
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Affordable Care Act
How to Claim Good-Faith Transition Relief From IRS Penalty Assessments
by Robert Sheenby Robert Sheen2 minute read: Good-faith transition relief. It’s a term used by the IRS for waiving ACA penalty assessments on employers that can provide legitimate reasons for missing a reporting requirement …
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Affordable Care Act
Why IRS Enforcement of the ACA Will Become More Severe in 2020
by Robert Sheenby Robert Sheen3 minute read: The beginning of a new decade is not the only thing certain in 2020 – employers can also count on the IRS continuing to step up its …
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ACA ComplianceACA ReportingAffordable Care Act
New Jersey’s ABC Test Could Impact ACA Compliance and Reporting
by Robert Sheenby Robert Sheen3 minute read: The state of New Jersey has introduced SB 4204 which would change the way employers classify their workforce. SB 4204 will require employers to administer the ABC …
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ACA ReportingAffordable Care Act
Tis’ The Season to Check the Health of Your Data for ACA Reporting
by John Fordby John Ford5 minute read: The end of 2019 is here and that means that if you haven’t done so already, it’s time to get your Affordable Care Act (ACA) filings in …
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Affordable Care Act
ACA to Remain Following Fifth Circuit Court Decision
by Robert Sheenby Robert Sheen2 minute read: On Wednesday of this week, the Fifth Circuit handed down a ruling regarding the constitutionality of the Affordable Care Act. The majority of the ACA will continue …
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ACA ReportingAffordable Care Act
New Jersey Issues Updated State-Level ACA Reporting Guidance
by Robert Sheenby Robert Sheen2 minute read: The state of New Jersey has issued updated guidance regarding state-level ACA health insurance reporting. Employers, regardless of size, who offer Minimum Essential Coverage to employees will …
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Affordable Care ActHealth Care Coverage
Proposed Health Care Data Transparency Rule Complements ACA
by Robert Sheenby Robert Sheen2 minute read: As the Affordable Care Act’s Employer Mandate moves into its sixth year of operation, federal agencies have proposed a rule to promote better health care cost transparency. …
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3 minute read: The Trump Administration has proposed changing the methodology for calculating the federal poverty level (FPL). As expected, it could have serious implications for the Affordable Care Act. …
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ACA ReportingAffordable Care ActIRS
Employers Need to Meet IRS Deadlines to Avoid ACA Penalties
by Robert Sheenby Robert Sheen3 minute read: The IRS recently issued an extension for furnishing forms 1094-C and 1095-C to employees for the 2019 tax year, which extends the schedule employers need to keep …
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ACA ReportingAffordable Care Act
IRS Issues Deadline Extension for Furnishing Forms 1095-C
by Robert Sheenby Robert Sheen2 minute read: To kick off the holiday season, the IRS has issued Notice 2019-63, which extends the deadline for distributing Form 1095-C for the 2019 tax year to full-time …
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Affordable Care Act
What to Expect from California’s Individual Mandate
by Robert Sheenby Robert Sheen2 minute read: The new year is almost upon us and a number of states including California will have their statewide Individual Mandate take effect. Come January 1, 2020 employers …
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Affordable Care Act
Letter 972CG Late Penalty Assessments are Becoming More Difficult to Repeal
by Robert Sheenby Robert Sheen2 minute read: Earlier this year, the IRS started issuing in Letter 972CG ACA penalties to employers who filed their annual ACA information past IRS deadlines established in IRC Section …
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3 minute read: In 2020, the affordability threshold will decrease. What that means is that employers will need to contribute more to their employee’s health coverage in order to fall …
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Affordable Care Act
Incorrect ITINs Will Cause Havoc With ACA Compliance
by Robert Sheenby Robert Sheen3 minute read: Earlier this year the IRS announced that roughly 2 million ITINs are set to expire December 31. This could pose a significant risk to your organization’s Affordable …