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Affordable Care Act (ACA) Archives

ACA FAQ of the Month: The American Health Care Act is Dead(?)

On March 24, 2017, House Speaker Paul Ryan cancelled a scheduled vote on the American Health Care Act ("AHCA"), a proposal to partially repeal and replace the Affordable Care Act, because it lacked enough support to pass. So, where does this leave the effort to repeal and replace the Affordable Care Act? That's such a good question; if you know, please let me know ASAP.

ACA FAQ of the Month: What the Proposed American Health Care Act Means for Employers

On March 6, 2017, the American Health Care Act ("AHCA"), a proposal to partially repeal and replace the Affordable Care Act, was introduced. The proposal is of course subject to amendment (and almost certainly will undergo some amendments), but in its current form, it would ease the burden that the ACA placed on employers. In brief, the AHCA retroactively removes the Employer Shared Responsibility Mandate as of 2016, meaning that employers with 50 or more employees will no longer be subject to penalties for failing to offer affordable coverage to full-time employees and their dependents, and would not be penalized if they failed to do so in 2016. However, and somewhat surprisingly, the AHCA does not remove the employer reporting requirements - meaning that large employers and employers who sponsor self-funded health plans would still be responsible for completing Forms 1094 and 1095.

ACA FAQ of the Month: IRS Extends Form 1095 Distribution Deadline Again

Stop me if you've heard this one - an ACA-related deadline has been extended. In IRS Notice 2016-70 (available at, released on November 18, 2016, the IRS once again extended the deadline by which large employers must distribute a Form 1095 to their full-time employees from January 31, 2017 to March 2, 2017. In brief, the ACA requires large employers to complete two forms: a Form 1094, which is filed with the IRS; and a Form 1095, which is distributed to full-time employees. Significantly, this extension applies only to the Form 1095 employee distribution requirement; it does not extend the Form 1094 IRS reporting requirement. In light of the new and improved deadlines, the 2017 reporting requirements for large employers are below:

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