Upcoming ACA Reporting Deadlines for Forms 1094/1095
Annual ACA reporting deadlines for employers that sponsored group health plans in 2022 are approaching.
Applicable large employers (ALEs) with 50 or more full-time employees (FTEs), including full-time equivalent employees, in the prior year who sponsored group health plans (whether insured or self-insured) must comply with IRC Section 6056 reporting in early 2023. Specifically, ALEs must complete and distribute Form 1095-C to full-time employees by March 2, 2023. The form should detail whether the employee was offered minimum value, affordable coverage during 2022. The forms may be mailed, electronically delivered or delivered by hand (although proof of delivery in some manner is recommended).
Employers who sponsored a self-insured plan during 2022 must comply with Section 6055 reporting in 2023. Self-insured employers with 50 or more FTEs must complete Section III of Form 1095-C detailing which months the employee (and any applicable spouse and dependents) had coverage under the employer’s plan. If the self-insured employer has fewer than 50 FTEs, it must complete and distribute a Form 1095-B with such information. Again, the forms must be delivered to employees by March 2, 2023.
If the self-insured employer has fewer than 50 FTEs, an alternative is available to distributing Form 1095-B to individuals. These small employers are permitted to post a clear and conspicuous notice on their website of the availability of the document and the necessary contact information to request it. Any such request must be fulfilled within 30 days. This posting alternative is not available for Form 1095-C.
Employers must also file the forms with the IRS by February 28, 2023, if filing by paper, and March 31, 2023, if filing electronically. The filing must include the transmittal Form 1094-C (if filing Forms 1095-C) or Form 1094-B (if filing Forms 1095-B).
One of our employees contributed too much to their HSA in 2022 due to Medicare enrollment. And we missed a 2022 employer contribution for another employee. Can these errors be corrected now?
San Francisco Issued New Paid Military Leave FAQs
March 14, 2023
On February 16, 2023, San Francisco’s Office of Labor Standards Enforcement (OLSE) published FAQs pertaining to the new Private Sector Military Leave Pay Protection Act (MLPPA). As described in the February 2,2023, edition of Compliance Corner, the MLPPA requires private employers with at least 100 employees (regardless of location) to provide supplemental paid leave during a qualifying military leave for a maximum of 30 days in a calendar year. The MLPPA became operative on February 19, 2023.
The MLPPA requires the covered employers to compensate the eligible employee for the difference between the employee’s gross military pay and the amount of gross pay the employee would have received from the employer had the employee worked the employee’s regular work schedule.
The FAQs provide more clarity and additional guidance on some issues, including the employer’s notice requirement and the method to calculate the supplemental compensation that was not fully explained in the ordinance.
Employers with 100 or more employees, regardless of where they work, and at least one employee working in the City and County of San Francisco should review the new FAQs.
For more information regarding San Francisco’s new paid military leave requirement (MLPPA), see the article published in the February 2, 2023, edition of Compliance Corner.
State Announces End to Continuous Medicaid Enrollment Period
March 14, 2023
On March 8, 2023, Commissioner Mulready issued Bulletin No. 1-2023, announcing that the FFCRA requirement that requires Medicaid agencies to continue providing Medicaid coverage throughout the COVID-19 Public Health Emergency will end on April 1, 2023. The Consolidated Appropriations Act of 2023 decoupled the coverage requirement from the public health emergency and directed state Medicaid agencies to resume normal eligibility determinations as early as February 2023, as outlined by the Centers for Medicare and Medicaid Services (CMS).
Termination of coverage or disenrollment based on eligibility determinations will take place beginning April 30, 2023, and over the remainder of 2023. Disenrollment timing will be based on criteria established by the Oklahoma Health Care Authority (OHCA), the state agency responsible for the state’s Medicaid program (“SoonerCare”).
A special enrollment period will begin on March 31, 2023, and run to July 31, 2024, allowing those disenrolled from SoonerCare to enroll in either marketplace exchange coverage or employer-sponsored coverage. Employers with employees covered by SoonerCare should be aware of this development.
This material was created by PPI Benefit Solutions to provide accurate and reliable information on the subjects covered but should not be regarded as a complete analysis of these subjects. It is not intended to provide specific legal, tax or other professional advice. The service of an appropriate professional should be sought regarding your individual situation. PPI does not offer tax or legal advice. "PPI®" is a service mark of Professional Pensions, Inc., a subsidiary of NFP Corp. (NFP). All rights reserved.