Employers Health Plan Affordability and Compliance 

Compliance is a never-ending process.  The key is in the timing – planning for future deadlines while making sure you meet the more pressing ones.  I recently sat down with the Financial Management Network to talk about all things compliance. Here’s where I would focus employers’ attention:

• Employer should have already started preparing for their 2016 ACA reporting, since there is no longer a “good faith compliance” standard, and the timeframes to disclose individual statements and IRS transmittal returns revert back to the original deadlines (e.g., Jan. 31, 2017 for the Form 1095-C; March 31, 2017 for the electronic Form 1094-C)
• Employers that offer flex credits, opt-out payments and/or wellness incentives must reassess their health plan’s affordability for purposes of employer-shared responsibility (ESR) affordability calculations and ACA reporting
• Employers that offer wellness programs should  review such programs in light of the EEOC’s fine ADA and GINA wellness program rules.