Affordable Care Act Compliance Update: Continue Complying with Current Regulations

On January 20, 2017, President Trump signed an Executive Order (EO) titled, Minimizing the Economic Burden of the Patient Protection and Affordable Care Act (ACA) Pending Repeal. The EO instructs federal agencies on how they should handle and enforce ACA regulations moving forward. Each executive department and agency must determine, based on its authority, how this affects day-to-day responsibilities and policies relating to the ACA.

Even though the EO is in effect, it does not absolve employers and individuals from ACA compliance responsibilities. Until federal agencies issue official guidance or direction regarding their enforcement of policy provisions, employers should continue their ACA compliance procedures. This includes completing the 1094/1095 reporting and sending to individuals and the IRS, and providing the required Marketplace Notice to new-hire employees. Individuals and employers should continue to follow the ACA as-is until any changes are announced.

Employers may have noticed the sample Marketplace Notice issued by the Department of Labor (DOL) is set to expire 1/31/2017. The DOL has not issued an updated form, so it is safe to continue using the current notice until an updated form is issued. You can find the forms in Word format here:

Model Marketplace Notice for Employers with a Health Plan

Model Marketplace Notice for Employers without a Health Plan

MSEC will continue to report on developments in this area.