The Internal Revenue Service ("IRS") recently issued proposed regulations affecting certain reporting deadlines under the Patient Protection and Affordable Care Act ("ACA"). Specifically, proposed regulations would make permanent an automatic 30-day extension for issuing Forms 1095-B and 1095-C to covered individuals and employees, which would otherwise be due by January 31. The proposed regulations also introduce an alternative method for providing these forms to individuals, which may reduce the reporting burden, and eliminated the good faith relief for reporting entities whose ACA forms are incomplete or inaccurate.
While the proposed regulations technically would become effective for coverage in calendar years beginning January 1, 2022, the IRS has indicated that reporting entities may rely on them starting with the reports due for 2021 (provided to covered individuals and employees in 2022).
Background on Required ACA Forms
Pursuant to Sections 6055 and 6056 of the Internal Revenue Code (the "Code"), providers of health coverage (insurance companies or self-insured plans) and applicable large employers ("ALEs," generally those with 50+ full-time or full-time equivalent employees) must file statements with the IRS, and distribute statements to covered individuals or employees (as applicable) regarding whether they were offered or provided "minimal essential coverage" each month of the prior year. The prescribed forms for these statements are:
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