Continue with business as usual following President Trump’s executive order on the ACA
February 8, 2017
By Lori Stewart, SPHR®, SHRM-SCP, HCS, Partner, Human Resources Consulting
On Friday, Jan. 20, 2017, President Trump signed his first executive order titled, “Minimizing the Economic Burden of the Patient Protection and Affordable Care Act (ACA) Pending Repeal.”
The executive order instructs the Department of Health and Human Services (HHS) and all other executive departments and agencies with authority, or responsibility, under the ACA to use discretion to waive, defer, grant exemptions from, or delay the implementation of any provision or requirement of the ACA that would impose a fiscal burden on a state, or cost a fee, tax, penalty or regulatory burden on individuals, families, health care providers, health insurers, patients, recipients of health care services, purchasers of health insurance, or makers of medical devices, products, or medications.
The executive order goes on to state that the required notice-and-comment process of rule-making still stands as required, which signals there would be no immediate changes implemented. The departments would need to comply with administrative procedures which would take time to comply with, before requiring notable change in enforcing the regulation.
There has been no indication from the IRS that ACA Section 6055 and 6056 (Form 1095-C/1094-C) reporting requirements for Applicable Large Employers (ALEs) will be waived or altered. Therefore, it is advised to continue with preparation of filings. The deadline to mail the 1095-C form to employees is March 2, 1017, and the electronic filing of the 1095-Cs and 1094-C to the IRS is due by March 31, 2017.