Bird’s eye view of key compliance deadlines
January 31, 2021
REQUIREMENT: W-2 Reporting – Health Plan Costs
Deadline for providing Forms W-2 to employees. Employers that file 250 or more Forms W-2 must include the cost of employer-sponsored group health plan coverage in Box 12 Code DD.
February 10, 2021
REQUIREMENT: Mental Health Parity and Addiction Equity Act
NQTL AnalysisAll health insurance issuers and employer-sponsored group health plans subject to the Mental Health Parity and Addiction Equity Act that offer mental health or substance use disorder benefits must comply with a new Consolidated Appropriations Act requirement to prepare detailed written comparative analyses of the plan’s non-quantitative treatment limitations.
February 15–May 15, 2021
REQUIREMENT: ACA Special Enrollment Period
Uninsured/underinsured have another chance to seek coverage through the federal exchange marketplace. (Special enrollment periods differed by state for state-based exchanges.)
February 28, 2021
REQUIREMENT: Outbreak Period Relief Ends for Some
The authority for the federal “outbreak period” rule suspending many group health plan deadlines due to COVID-19 lasts for no more than one year per qualifying individual. After this date, group health plan administrators need to track when specific beneficiaries became eligible for the relief and reapply deadlines accordingly.
March 1, 2021
REQUIREMENT: Paper Submission of ACA Reporting Forms to IRS
Applicable large employers and self-insured group plans must submit filings of Forms 1094-B or C (with accompanying Forms 1095-B or C) to the IRS if they submit via paper forms.
March 1, 2021*
REQUIREMENT: Medicare Part D Disclosure to CMS
Group health plans providing prescription drug coverage to Medicare Part D eligible individuals must electronically disclose plan information to CMS.
March 2, 2021
REQUIREMENT: ACA Reporting Statements to Participants
Applicable large employers and self-insured group plans must provide Forms 1095-B or C to applicable plan participants.
March 31, 2021
REQUIREMENT: Electronic Submission of ACA Reporting Forms to IRS
Applicable large employers and self-insured group plans must submit electronic filings of Forms 1094-B or C (with accompanying Forms 1095-B or C) to the IRS. Entities that issue 250 or more Forms 1095 statements must file electronically.
April 1, 2021
REQUIREMENT: COBRA Subsidies Begin
ARPA’s 100% COBRA subsidies for assistance eligible individuals begin. Employers receive a payroll tax credit to offset these costs. If the expenses related to the subsidy exceed the amount of payroll taxes due, the excess is refundable through the employer’s quarterly tax return.
Employers are required to provide the Notice of Extended Election Period within 60 days of 4/1 to assistance eligible individuals who are not already enrolled. Employers are also required to provide a Notice of Subsidy Expiration to each qualified beneficiary between 15-45 days before their subsidy ends.
June 30, 2021
REQUIREMENT: PPP Loan Coverage Period Scheduled to End
The last day for businesses with Paycheck Protection Program loans to incur costs eligible for loan forgiveness, including group health insurance plan premium costs.
August 2, 2021*
REQUIREMENT: Form 5500 Filing
Employer sponsors of group health plans subject to ERISA that do not qualify for the small plan exemption need to file Form 5500.
August 2, 2021
REQUIREMENT: PCORI Fee
Employers with self-insured health plans (including HRAs and level-funded plans) must file Form 720 and pay the applicable PCORI fee.
September 30, 2021
REQUIREMENT: MLR Rebates
Employers with fully insured plans that qualify must receive their MLR premium rebate from applicable carriers. Once a group plan receives a MLR rebate, they must begin the distribution process if any portion of the rebate is considered a “plan asset.”
September 30, 2021*
REQUIREMENT: SAR Deadline
Group health plans with Form 5500 requirement (who did not file a Form 5500 extension) must distribute a summary annual report to plan participants.
September 30, 2021
REQUIREMENT: FFCRA Paid Leave Credits Expire
ARPA further extended both the paid sick leave credit and paid family leave credit to apply to wages paid through September 30, 2021, for employers that wish to extend leave into 2021.
September 30, 2021
REQUIREMENT: COBRA Subsidies End
ARPA’s 100% COBRA subsidies for assistance eligible individuals are scheduled to end.
October 14, 2021
REQUIREMENT: Medicare Part D Notices to Plan Participants
Employers providing Rx coverage to Medicare Part D eligible individuals must provide a disclosure about their plan to participants before the Medicare Annual Election Period begins.
December 27, 2021
REQUIREMENT: Compensation (Fee) Disclosure Requirements Begin
Health insurance brokers and other benefit plan service providers are required to disclose direct and indirect compensation to employer plan sponsors in advance of the date on which the contract or arrangement is entered into, extended, or renewed.
December 27, 2021
REQUIREMENT: Informational Report on RX Benefits and Drug Costs Begin
Every group health plan and every health insurance issuer that offers group or individual health insurance coverage must submit a detailed report about their prescription drug costs and other plan and claims data to the Department of Health and Human Services
December 31, 2021*
REQUIREMENT: FSA “Relief” Amendments Due
Section 125 plan amendments for some of the optional temporary FSA changes must be adopted by the end of the plan year in which the change is effective.
December 31, 2021
REQUIREMENT: Employee Retention Tax Credits End
The employee retention tax credits, which eligible businesses can claim to help offset employee compensation costs, including group health plan premium costs, are scheduled to end.
January 1, 2022
REQUIREMENT: Surprise Medical Billing Requirements Begin
All health insurance issuers and employer group plan sponsors need to be ready for the new CAA claims payment requirements. Preparations needed include amendments to service agreements and summary plan descriptions.
January 1, 2022
REQUIREMENT: CAA Plan Transparency Requirements Begin
All health insurance issuers and employer group plan sponsors need to be ready for the new CAA transparency requirements. This includes revisions to insurance ID cards, the ability to provide advance EOBs within 3 business days before service provided, an online price comparison tool, and updates to online provider directories every 90 days.
January 1, 2022
REQUIREMENT: Plan Transparency Regulation Data Disclosure Requirements Begin
Group health plans and health insurance issuers are required to publicly post machine-readable files (in-network negotiated rates/fee schedules, OON allowed amounts, RX negotiated rates in-network) and update them monthly.
December 31, 2022*
REQUIREMENT: FSA and Section 125 “Relief” Amendments Due
Section 125 plan amendments for some of the optional temporary FSA and health plan election changes must be adopted by the end of the plan year following the plan year in which the change is effective.
January 1, 2023
REQUIREMENT: Plan Transparency Regulations Online Tool-Phase One
Group health plans and health insurance issuers are required to disclosure cost information for 500 items and services and participant-specific cost estimates via an online tool.
December 31, 2023*
REQUIREMENT: FSA and Section 125 “Relief” Amendments Due
Section 125 plan amendments for some of the optional temporary FSA and health plan election changes must be adopted by the end of the plan year following the plan year in which the change is effective.
January 1, 2024
REQUIREMENT: Plan Transparency Regulations Online Tool-Phase Two
Group health plans and health insurance issuers are required to disclosure cost information for ALL items and services and participant-specific cost estimates via an online tool.
January 2021
February 2021
March 2021
April 2021
June 2021
August 2021
September 2021
October 2021
December 2021
January 2022
December 2022
January 2023
December 2023
January 2024
*For calendar year plans