New Legislation Updates ACA Reporting Rules
Posted: February 26, 2025
At the close of 2024, Congress passed two new pieces of legislation: the Paperwork Burden Reduction Act and the Employer Reporting Improvement Act. These laws simplify the Affordable Care Act (ACA) reporting requirements for employers and introduce new limits on the IRS’s authority to enforce “pay-or-play” penalties, among other changes.
Under the ACA, applicable large employers (ALEs) and non-ALEs with self-insured health plans must report to the IRS regarding the health plan coverage they offer (or don’t offer) to their employees. Additionally, they must provide individual statements about their health plan coverage.
Previously, ALEs were required to send a health coverage statement (Form 1095-C) to each full-time employee within 30 days of January 31 each year. The IRS allowed non-ALEs with self-insured plans to provide health coverage statements (Forms 1095-B) to covered individuals only upon request. Starting in 2025, ALEs will have the same flexibility as non-ALEs to provide Forms 1095-C upon request.
As a result, employers are no longer obligated to send Forms 1095-C or 1095-B to individuals unless specifically requested. Employers must inform individuals about this option in compliance with any IRS guidelines. Requests for forms must be fulfilled by January 31 of the year following the calendar year to which the return pertains, or within 30 days of the request, whichever is later. These forms may be sent electronically to individuals who have previously consented.
Although the new laws offer reporting flexibility, ALEs and non-ALEs with self-insured plans are still required to submit ACA returns to the IRS. The deadline for electronic filing is March 31, 2025.
Additionally, ALEs may face IRS penalties if they fail to offer affordable minimum essential coverage under the ACA’s employer shared responsibility (pay-or-play) rules. The new legislation extends the time ALEs have to respond to IRS penalty assessment warning letters from 30 days to 90 days. It also establishes a six-year limit on the IRS’s ability to collect penalty assessments.
