Upcoming 2019 Health Plan Compliance Deadlines – Oct. 14th for Medicare Part D notices; Oct. 15th for Form 5500 (extended deadline). Click here for more information to determine if these deadlines pertain to your health plan.

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.

  • IRS Expands Preventive Care for HDHPs to Include Chronic Conditions (pdf)  On July 17, 2019, the IRS released Notice 2019-45 to add care for a range of chronic conditions to the list of preventive care benefits that can be provided by a high deductible health plan (HDHP) without a deductible.
  • Affordability Percentages Will Decrease for 2020 (pdf) On July 23, 2019, the Internal Revenue Service (IRS) issued Revenue Procedure 2019-29 to index the contribution percentages in 2020 for purposes of determining affordability of an employer’s plan under the Affordable Care Act (ACA).
  • President Trump Signed Executive Order Intended to Increase Health Care Price Transparency (pdf)  On Monday, June 24, 2019, President Donald Trump signed an executive order designed to increase pricing and quality transparency in health care. The president’s executive order is the latest move that the Trump administration has taken to address rising health care costs.
  • Final Notice of Benefit & Payment Parameters for 2020 (pdf)  On April 19, 2019, the Department of Health and Human Services (HHS) released its final Notice of Benefit and Payment Parameters for 2020.  This rule describes benefit and payment parameters under the Affordable Care Act (ACA) that apply for the 2020 benefit year.
  • Federal Court Strikes Down Association Health Plan Rules (pdf)  On March 28, 2019, a federal judge ruled that parts of the Trump administration’s 2018 final rule on association health plans (AHPs) were invalid. The court directed the Department of Labor (DOL) to reconsider how the remaining provisions of the final rule are affected.  In its ruling, the court stated that the final rule was an “end-run” around the Affordable Care Act (ACA) and that the DOL exceeded its authority under ERISA.
  • 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)
  • 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.
  • 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.
  • 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.
  • 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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