October 1, 2021













In This Issue
Fast Facts
Federal Agencies Release Second Installment of Surprise-Billing Regulations
Democratic Infighting Delays Reconciliation Process
Urge Your Members of Congress to Support the Commonsense Reporting Act
Plan-Year 2022 Marketplace Registration and Training for New Agents and Brokers
Please Submit Any Follow-Up Info from Your In-District Meetings
State Spotlight: Four States Chosen for New CMS Innovation Model Aimed at Rural Healthcare
Healthcare Happy Hour: Employer Reporting Bill Introduced as Democrats Continue Reconciliation Debate
HUPAC Roundup: Virginia Elections Slowly Drift Toward a Toss-up
What We're Reading
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Urge Your Members of Congress to Support the Commonsense Reporting Act

Last week, Representatives Mike Thompson (D-CA) and Adrian Smith (R-NE) introduced H.R. 5318. This bipartisan bill will provide much-needed relief for employers seeking to comply with the reporting requirements under section 6055 and 6056 for enforcement of the ACA's individual and employer mandates. NAHU has long sought these reforms and we look forward to advancing this as a bipartisan solution to address the challenges being faced under the health-reform law. 

The reporting requirements were finalized in March 2014 by the Treasury Department and IRS, and detail what health plan information all employers are required to report to the federal government annually for enforcement of the ACA’s individual and employer mandates. NAHU has repeatedly stressed concerns with these requirements, particularly their confusing and complicated nature for businesses of all sizes, and worked with legislators to develop a commonsense solution to ease what has become an enormously expensive compliance burden. 

H.R. 5318 will ease the compliance reporting requirements for employers offering health insurance coverage to their employees. Specifically, the legislation would: 

  • Establish a new voluntary reporting system for employers to report to the IRS information about their health plans. Exchanges will use the federal data hub to access this data for individual verification for tax credits. 
  • Require that employers report to the IRS only those employees (and/or their dependents) who are not receiving healthcare from their employer, greatly simplifying the requirement that all employees be reported. 
  • Specify that information that would be reported would include name and employer identification, who has been extended an offer of minimum essential coverage, whether coverage meets minimum value and the affordability safe harbor, and months that coverage is available without waiting periods.
  • Allow employers to deliver reports to employees electronically without another consent form.
  • Instruct the Government Accountability Office to conduct a study on the notifications, HHS appeals process and the prospective reporting system.
  • Require HHS to review the most recent tax filing for individuals automatically reenrolled in exchange-based coverage and adjust their tax credits accordingly.

Please contact your senators and representative and urge them to cosponsor H.R. 5318 to ease employer reporting requirements. Your clients can also send a direct message about why their legislators should provide much-needed reforms to the employer reporting requirements. Tell them to take action here!

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