Health: Employer Shared Responsibility


Legislative — proposals, bills and analysis from the 112th and 113th Congresses (2011-present)
Regulatory — administrative rules and information from U.S. offices and agencies
Judicial — current and past court cases and amicus briefs
Archive — All materials dated prior to 2011
Press Releases — Council statements and advisories to the news media
See Also — for related information



(Items in italic are available only to Council members.)

Council Materials
     

For legislative items — source documents and council materials — released prior 2011, please go to the PPACA Archive Page.

Click here for the Council's comprehensive chart highlighting
PPACA regulatory developments.

Official Source Documents

September 18, 2014 — IRS Notice 2014-49: Approach to Changes in Measurement Periods or Methods Applicable to an Employee under 4980H

May 13, 2014 (updated) — IRS Questions and Answers on Employer Shared Responsibility Provisions Under PPACA

May 13, 2014 — IRS FAQ: Employer Health Care Arrangements

February 24, 2014 — Additional Proposed Regulations Regarding Ninety-Day Waiting Period Limitation Under PPACA

February 24, 2014 — Final Regulations Regarding Ninety-Day Waiting Period Limitation and Technical Amendments to Certain Health Coverage Requirements Under PPACA

February 12, 2014 — IRS Final Regulations Addressing Shared Responsibility for Employers Regarding Health Coverage (Section 4980H) under PPACA

February 10, 2014 — Official Fact Sheet on Final Regulations Addressing Shared Responsibility for Employers Regarding Health Coverage (Section 4980H) under PPACA

January 24, 2014 — IRS Notice 2014-10 Section 5000A Transition Relief for Individuals with Certain Government-Sponsored Limited-Benefit Health Coverage

January 24, 2014 — IRS Proposed Rules Regarding Minimum Essential Coverage and Other Rules Regarding the Shared Responsibility Payment for Individuals

September 5, 2013 — IRS Notice of Proposed Rulemaking on Information Reporting by Applicable Large Employers on Health Insurance Coverage Offered Under Employer-Sponsored Plans

September 5, 2013 — IRS Notice of Proposed Rulemaking on Information Reporting of Minimum Essential Coverage

August 30, 2013 — IRS Final Regulations on Shared Responsibility Payment for Not Maintaining Minimum Essential Coverage

August 27, 2013 — Treasury Department Fact Sheet on Individual Shared Responsibility for Health Insurance Coverage and Minimum Essential Coverage Final Rules

July 9, 2013 — IRS Notice 2013-45: Employer Mandate Transition Relief for 2014 (Section 6055 Information Reporting, Section 6056 Information Reporting, Section 4980H Employer Shared Responsibility Provisions)

July 15, 2013 — HHS/CMS Final Regulations on Medicaid and Children's Health Insurance Programs: Essential Health Benefits in Alternative Benefit Plans, Eligibility Notices, Fair Hearing and Appeal Processes, and Premiums and Cost Sharing; Exchanges: Eligibility and Enrollment

May 3, 2013 — IRS Proposed Regulations on Minimum Value of Eligible Employer-Sponsored Plans, Health Insurance Premium Tax Credit (Section 36B)

March 18, 2013 — Proposed Regulations Regarding 90-Day Waiting Period Limitation and Technical Amendments to Certain Health Coverage Requirements Under PPACA

December 28, 2012 — IRS Proposed Regulations Addressing Shared Responsibility for Employers Regarding Health Coverage under PPACA

February 1, 2013 — HHS/CMS Proposed Regulations on Minimum Essential Coverage Provisions

February 1, 2013 — IRS Notice of Proposed Rulemaking/Public Hearing on Shared Responsibility Payment for Not Maintaining Minimum Essential Coverage

December 28, 2012 — IRS Frequently Asked Questions Regarding Proposed Regulations Addressing Shared Responsibility for Employers Regarding Health Coverage under PPACA

December 28, 2012 — IRS Proposed Regulations Addressing Shared Responsibility for Employers Regarding Health Coverage under PPACA

August 31, 2012 — IRS Notice 2012-58: Determining Full-Time Employees for Purposes of Shared Responsibility for Employers Regarding Health Coverage under Internal Revenue Code Section 4980H

August 31, 2012 — IRS Notice 2012-59: Guidance On 90-Day Waiting Period Limitation Under Public Health Service Act Section 2708

April 26, 2012 — HHS Bulletin: Verification of Access to Employer-Sponsored Coverage

April 26, 2012 — IRS Notice 2012-31: Minimum Value of an Employer-Sponsored Health Plan

February 9, 2012 — IRS Notice 2012-17: FAQ Guidance Regarding Automatic Enrollment, Employer Shared Responsibility, and Waiting Periods

November 17, 2011 — DOL FAQs About Affordable Care Act Implementation Part VII and Mental Health Parity Implementation

September 13, 2011 — IRS Notice 2011-73: Request for Comments on Health Coverage Affordability Safe Harbor for Employers

May 3, 2011 — IRS Notice 2011-36: Request for Comments on Shared Responsibility for Employers Regarding Health Coverage

April 1, 2011 — FAQs on PPACA Implementation Part VI

Council Materials

May 22, 2014 — P4P Presentation Slides: Employer Information Reporting Requirements (Internal Revenue Code Sections 6055 and 6056) (Tammy Killion & Seth Perretta, Groom Law Group)

April 4, 2014 — P4P Presentation Slides: IRS Final Employer 'Shared Responsibility' (4980H) Regulations Part III: Definition of Full-Time Employee (Seth Perretta, Crowell & Moring; Eric Keller, Paul Hastings)

March 20, 2014 — P4P Presentation Slides: IRS Final Employer 'Shared Responsibility' (4980H) Regulations Part II: Application to Certain Kinds of Workers

March 14, 2014 — BENEFITS BLUEPRINT: IRS Releases Final Regulations on Employer Shared Responsibility: What's New, What's Different and What You Need to Think About (Prepared by Seth Perretta, Malcolm Slee and Allison Ullman of Crowell & Moring LLP)

March 6, 2014 — P4P Presentation Slides: IRS Final Employer 'Shared Responsibility' (4980H) Regulations Part I: Changes from Proposed Rules, New Transition Rules

July 10, 2013 — BENEFITS BLUEPRINT: Affordable Care Act on Hold (But Only Partially) … Implications of the Pay-or-Play Delay and What’s Still on Tap (Prepared by Seth Perretta, Malcolm Slee and Allison Ullman of Crowell & Moring LLP)

July 2, 2013 — Council Comment Letter to IRS Regarding Proposed Regulations on Minimum Value of Eligible Employer-Sponsored Plans, Health Insurance Premium Tax Credit (Section 36B)

May 20, 2013 — Council Comment Letter Regarding Proposed Regulations on 90-Day Waiting Period Limitation and Technical Amendments to Certain Health Coverage Requirements Under PPACA

May 8, 2013 — Council Comments on PPACA FAQs Part XIII: Expatriate Health Plan Coverage

May 2, 2013 — Council Comment Letter to IRS Regarding IRS Notice of Proposed Rulemaking on Shared Responsibility Payment for Not Maintaining Minimum Essential Coverage

April 23, 2013 — Testimony of Seth Perretta (Crowell & Moring) on behalf of American Benefits Council in IRS Hearing on PPACA Employer Responsibility Provisions

March 18, 2013 — Council Comment Letter to IRS Regarding IRS Proposed Regulations Addressing Shared Responsibility for Employers Regarding Health Coverage under PPACA

January 17, 2013 — Benefits Briefing Presentation Slides: Proposed Regulations on Employer Shared Responsibility Provisions (Chris Keller, Groom Law Group & Seth Perretta, Crowell & Moring)

January 4, 2013 — BENEFITS BLUEPRINT: Summary of Treasury, IRS Proposed Regulations Regarding Employer Shared Responsibility Requirement (Prepared by Seth Perretta and Allison Ullman of Crowell & Moring LLP)

January 4, 2013 — Summary of Treasury, IRS Proposed Regulations Regarding Employer Shared Responsibility Requirement (Courtesy of Groom Law Group)

October 18, 2012 — P4P Presentation Slides: Waiting Period Limitations (IRS Notice 2012-59) (Seth Perretta, Crowell & Moring)

October 1, 2012 — Council Comments on IRS Notice 2012-58: Determining Full-Time Employees for Purposes of Shared Responsibility for Employers Regarding Health Coverage under Internal Revenue Code Section 4980H

October 1, 2012 — Council Comments on IRS Notice 2012-59: Guidance On 90-Day Waiting Period Limitation Under Public Health Service Act Section 2708

September 25, 2012 — P4P Presentation Slides: Employer Responsibility Guidance (Definition of "Full-Time Employee" & 90-Day Waiting Periods)(Seth Perretta, Crowell & Moring)

June 11, 2012 — Council Comments to IRS Regarding IRS Notice 2012-31 (Minimum Value of an Employer-Sponsored Health Plan)

April 6, 2012 — Council Comments on IRS Notice 2012-17: FAQ Guidance Regarding Automatic Enrollment, Employer Shared Responsibility, and Waiting Periods

February 29, 2012 — P4P Presentation Slides: Recent Guidance on Automatic Enrollment, 90-Day Waiting Periods, & Shared Responsibility (Ed Fensholt, Lockton Benefit Group)

February 17, 2012 — Summary/Alert: FAQs Offer Peek Behind the Play-or Pay Curtain, 90-Day Waiting Period Rule (Courtesy of Lockton Benefit Group)

December 14, 2011 — Council Comments to IRS Regarding Health Coverage Affordability Safe Harbor for Employers

June 15, 2011 — Council Letter to IRS Regarding Notice 2011-36

May 23, 2011 — Memo: IRS Issues Request for Comments on Employer Shared Responsibility Provisions of New Code Section 4980H (Courtesy of Crowell & Moring LLP)

May 23, 2011 — Memo: IRS Request for Comments on Employer Mandate, Full-Time Employee Definition, and Waiting Period Issues (Courtesy of Groom Law Group, Chartered)

Official Source Documents

Condition Critical: Ten Prescriptions for Reforming Health Care Quality, Cost and Coverage

Health Care Reform (PPACA)