Employer Reporting Improvement Act

Bill: 118-hr-3801
Sponsor: Rep. Smith, Adrian [R-NE-3]
Introduced: 2023-06-05 in the House
Policy area: Taxation
Subjects: Business records
Employee benefits and pensions
Health care costs and insurance
Internal Revenue Service (IRS)
Personnel records
Tax administration and collection, taxpayers

Summary:
action_date: 2023-06-05
text: 

Employer Reporting Improvement Act

 
This bill modifies provisions under the Patient Protection and Affordable Care Act that require employers and health insurance providers to prepare tax forms showing proof of minimum essential coverage (1095-B and 1095-C tax forms).
 
Currently, employers and health insurance providers that provide minimum essential coverage must report this information for each covered individual to the Internal Revenue Service (IRS), including the covered individual's Tax Identification Number (TIN). Employers and providers must also send a copy of this information to the covered individual (through 1095-B and 1095-C tax forms) by January 31 of each year. 
 
The IRS allows for an individual's date of birth to be substituted for the individual's TIN if the TIN is not available. The IRS also allows employers and providers to offer 1095-B and 1095-C tax forms to individuals electronically. The bill provides statutory authority for these flexibilities. 
 
Additionally, under current law, large employers (generally those with 50 or more full-time employees) are subject to an assessment by the IRS if they do not offer affordable minimum essential coverage. The bill requires the IRS to give large employers at least 90 days to respond after sending its first letter about a proposed assessment (Currently, the IRS generally gives 30 days to respond.) It also establishes a six-year statute of limitations for collecting assessments.

action_date: 2023-06-13
text: 

Employer Reporting Improvement Act

 
This bill modifies provisions under the Patient Protection and Affordable Care Act that require employers and health insurance providers to prepare tax forms showing proof of minimum essential coverage (1095-B and 1095-C tax forms).
 
Currently, employers and health insurance providers that provide minimum essential coverage must report this information for each covered individual to the Internal Revenue Service (IRS), including the covered individual's Tax Identification Number (TIN). Employers and providers must also send a copy of this information to the covered individual (through 1095-B and 1095-C tax forms) by January 31 of each year. 
 
The IRS allows for an individual's date of birth to be substituted for the individual's TIN if the TIN is not available. The IRS also allows employers and providers to offer 1095-B and 1095-C tax forms to individuals electronically. The bill provides statutory authority for these flexibilities. 
 
Additionally, under current law, large employers (generally those with 50 or more full-time employees) are subject to an assessment by the IRS if they do not offer affordable minimum essential coverage. The bill requires the IRS to give large employers at least 90 days to respond after sending its first letter about a proposed assessment (Currently, the IRS generally gives 30 days to respond.) It also establishes a six-year statute of limitations for collecting assessments.

action_date: 2023-06-21
text: 

Employer Reporting Improvement Act

 
This bill modifies provisions under the Patient Protection and Affordable Care Act that require employers and health insurance providers to prepare tax forms showing proof of minimum essential coverage (1095-B and 1095-C tax forms).
 
Currently, employers and health insurance providers that provide minimum essential coverage must report this information for each covered individual to the Internal Revenue Service (IRS), including the covered individual's Tax Identification Number (TIN). Employers and providers must also send a copy of this information to the covered individual (through 1095-B and 1095-C tax forms) by January 31 of each year. 
 
The IRS allows for an individual's date of birth to be substituted for the individual's TIN if the TIN is not available. The IRS also allows employers and providers to offer 1095-B and 1095-C tax forms to individuals electronically. The bill provides statutory authority for these flexibilities. 
 
Additionally, under current law, large employers (generally those with 50 or more full-time employees) are subject to an assessment by the IRS if they do not offer affordable minimum essential coverage. The bill requires the IRS to give large employers at least 90 days to respond after sending its first letter about a proposed assessment (Currently, the IRS generally gives 30 days to respond.) It also establishes a six-year statute of limitations for collecting assessments.

action_date: 2024-12-23
text: 

Employer Reporting Improvement Act

This act modifies provisions under the Patient Protection and Affordable Care Act that require employers and health insurance providers to prepare tax forms showing proof of minimum essential coverage (1095-B and 1095-C tax forms).

Generally, employers and health insurance providers that provide minimum essential coverage must report this information for each covered individual to the Internal Revenue Service (IRS), including the covered individual's name and tax identification number (TIN). Employers and providers must also send a copy of this information to the covered individual (through 1095-B and 1095-C tax forms) by January 31 of each year.

The IRS allows for an individual's date of birth to be substituted for the individual's TIN if the TIN is not available. The IRS also allows employers and providers to send 1095-B and 1095-C tax forms to individuals electronically upon obtaining consent from the individual to do so. (Individuals may revoke consent at any time.)

This act provides statutory authority for the substitution of an individual’s full name and date of birth for the individual’s TIN on 1095-B and 1095-C tax forms and the electronic transmission of these forms when prior affirmative consent is provided by the individual.

Additionally, large employers (generally those with 50 or more full-time employees) are subject to an assessment by the IRS if they do not offer affordable minimum essential coverage (sometimes referred to as the employer mandate or the pay-or-play penalty).

The act requires the IRS to give large employers at least 90 days to respond after sending its first letter that informs the employer of the proposed assessment (Letter 226-J). (Previously, the IRS generally allowed 30 days to respond, unless an extension was granted.)

Finally, the act establishes a six-year statute of limitations for assessing amounts for failure to offer affordable minimum essential coverage. 


Legislative actions:
action_date: 2024-12-23
text: Became Public Law No: 118-168.
action_date: 2024-12-23
text: Became Public Law No: 118-168.
action_date: 2024-12-23
text: Signed by President.
action_date: 2024-12-23
text: Signed by President.
action_date: 2024-12-17
text: Presented to President.
action_date: 2024-12-17
text: Presented to President.
action_date: 2024-12-11
text: Message on Senate action sent to the House.
action_date: 2024-12-10
text: Passed Senate without amendment by Unanimous Consent. (consideration: CR S6935)
action_date: 2024-12-10
text: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.
action_date: 2024-12-10
text: Senate Committee on Finance discharged by Unanimous Consent.
action_date: 2024-12-10
text: Senate Committee on Finance discharged by Unanimous Consent.
action_date: 2023-06-22
text: Received in the Senate and Read twice and referred to the Committee on Finance.
action_date: 2023-06-21
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2023-06-21
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H3048-3049)
action_date: 2023-06-21
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H3048-3049)
action_date: 2023-06-21
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 3801.
action_date: 2023-06-21
text: Considered under suspension of the rules. (consideration: CR H3048-3050)
action_date: 2023-06-21
text: Mr. Smith (MO) moved to suspend the rules and pass the bill, as amended.
action_date: 2023-06-13
text: Placed on the Union Calendar, Calendar No. 86.
action_date: 2023-06-13
text: Reported (Amended) by the Committee on Ways and Means. H. Rept. 118-111.
action_date: 2023-06-13
text: Reported (Amended) by the Committee on Ways and Means. H. Rept. 118-111.
action_date: 2023-06-07
text: Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 37 - 0.
action_date: 2023-06-07
text: Committee Consideration and Mark-up Session Held
action_date: 2023-06-05
text: Referred to the House Committee on Ways and Means.
action_date: 2023-06-05
text: Introduced in House
action_date: 2023-06-05
text: Introduced in House

Enacted as: number: 118-168