Compliance Bulletin:  Employee Benefit Plan Limits for 2019.  Read more here.

Brown & Brown Benefit Advisors continually monitor and are well versed in the provisions that will affect your employee benefits program. We provide our clients with the necessary guidelines and requirements to comply with the law. Below are useful resources and references.

  • Furnishing Deadline Delayed for 2018 ACA Reporting (pdf) On 11/29/2018, the Internal Revenue Service (IRS) issued Notice 2018-94 to: Extend the due date for furnishing forms under Sections 6055 & 6056 for 2018 from Jan. 31, 2019, to March 4, 2019; and Extend good-faith transition relief from penalties related to 2018 information reporting under Sections 6055 & 6056.  Notice 2018-94 does not extend the due date for filing forms with the IRS for 2018. The due date for filing with the IRS under Sections 6055 & 6056 remains Feb. 28, 2019 (April 1, 2019, if filing electronically, since March 31, 2019, is a Sunday).
  • 2019 ACA Overview & Compliance Checklist (pdf) The Affordable Care Act (ACA) has made a number of significant changes to group health plans since the law was enacted in 2010. Many of these key reforms became effective in 2014 and 2015, including health plan design changes, increased wellness program incentives and the employer shared responsibility penalties.  Certain changes to some ACA requirements take effect in 2019 for employers sponsoring group health plans, such as increased dollar limits. To prepare for 2019, employers should review upcoming requirements and develop a compliance strategy.
  • Affordability Percentages Will Increase for 2019 (pdf)                                                                                         On May 21, 2018, the Internal Revenue Service (IRS) issued Revenue Procedure 2018-34 to index the contribution percentages in 2019 for purposes of determining affordability of an employer’s plan under the Affordable Care Act (ACA).
  • HHS Extends Transition Policy for Non-ACA Compliant Health Plans (pdf)
    On April 9, 2018, the Department of Health and Human Services (HHS) extended an existing transition policy for certain health plans that do not comply with the Affordable Care Act (ACA) for an additional year, to policy years beginning on or before Oct. 1, 2019.  In states that allow it, health insurance issuers have the option of renewing current policies for current enrollees without adopting all of the ACA’s market reforms that took effect in 2014.  Originally announced in 2013, the transition policy has already been extended several times.
  • Cadillac Tax Highlights and Timeline of Extensions (pdf)                                                                                          Proposed or final regulations have not yet been issued on the ACA’s Cadillac tax. The Internal Revenue Service (IRS) issued some guidance describing potential approaches for a number of issues and invited comments on these approaches. Taxpayers may not rely on this guidance, although some approaches could be incorporated in future regulations. The IRS is expected to issue final guidance on the Cadillac tax requirement before it becomes effective in 2022.
  • 2018 ACA Overview & Compliance Checklist (pdf)
    The Affordable Care Act (ACA) has made many significant changes to group health plan since the law was enacted in 2010.  Certain changes to some ACA requirements take effect in 2018 for employers sponsoring group health plans, such as increased dollar limits.  To prepare for 2018, employers should review upcoming requirements and develop a compliance strategy.  This ACA overview provide an ACA compliance checklist for 2018.
  • Individual Mandate Penalty Eliminated in 2019 (pdf)                                                                                           On Dec. 22, 2017, President Donald Trump signed into law the tax reform bill, called the Tax Cuts and Jobs Act.  This tax reform bill makes significant changes to the federal tax code. The bill does not impact the majority of the Affordable Care Act (ACA) tax provisions. However, it does reduce the ACA’s individual shared responsibility (or individual mandate) penalty to zero, effective beginning in 2019.  As a result, beginning in 2019, individuals will no longer be penalized for failing to obtain acceptable health insurance coverage.
  • House and Senate Pass Tax Reform Bill (pdf)
    On Dec. 2, 2017, the tax reform bill, called the Tax Cuts and Jobs Act, passed both the U.S. Senate and the U.S. House of Representatives. The bill is now expected to be signed into law by President Trump by the end of the day.
  • IRS Issues Pay or Play Enforcement Guidance (pdf)
    The Affordable Care Act (ACA) requires applicable large employers (ALEs) to offer affordable, minimum value health coverage to their full-time employees or pay a penalty. This employer mandate provision is also known as the “employer shared responsibility” or “pay or play” rules. An ALE is only liable for a pay or play penalty if one or more of its full-time employees receive a subsidy for coverage under an Exchange.
  • IRS Confirms ACA Mandate Penalties Still Effective (pdf)
    The Internal Revenue Service (IRS) Office of Chief Counsel has recently issued several information letters regarding the Affordable Care Act’s (ACA) individual and employer mandate penalties.
  • Employer Shared Responsibility Provision (ESRP) Estimator (Website)
    The Taxpayer Advocate Service developed the ESRP Estimator to help employers understand how the provision works and learn how the provision may apply to them. This tool helps determine whether an employer is an Applicable Large Employer and estimate the maximum amount of potential liability for the employer shared responsibility payment that could apply.
  • Are You an Applicable Large Employer (pdf)
    The IRS issued this publication (Publication 5208) on March 10, 2015, to help employers determine whether they are considered applicable large employers under the ACA’s employer shared responsibility provisions. Also, they provide a fact sheet on their website.
  • Identifying Full-Time Employees: The Monthly Measurement Method (pdf)
    Under the ACA, applicable large employers may be subject to a penalty if they do not offer health coverage to their full-time employees. This Legislative Brief provides an overview of the monthly measurement method for identifying full-time employees.


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