Medicare Part D Disclosures due March 1 for Calendar Year Plans
Group health plan sponsors are required to complete an online disclosure form with the Centers for Medicare & Medicaid Services (CMS) on an annual basis and at other select times to indicate whether the plan's prescription drug coverage is creditable or non-creditable. This disclosure requirement applies when an employer-sponsored group health plan provides prescription drug coverage to individuals who are eligible for coverage under Medicare Part D.
The plan sponsor must complete the online disclosure within 60 days after the beginning of the plan year. For calendar year health plans, the deadline for the annual online disclosure is March 1, 2019.
To determine if the CMS reporting requirement applies, employers should verify whether their group health plans cover any Medicare-eligible individuals at the start of each plan year.
Employers that are required to report to CMS should determine whether their prescription drug coverage is creditable or non-creditable. They can visit the CMS creditable coverage website for links to the online disclosure form and related instructions.
Upcoming ACA Reporting Deadlines
Affordable Care Act (ACA) reporting under Section 6055 and Section 6056 for the 2018 calendar year is due in early 2019. Specifically, reporting entities must:
- File returns with the Internal Revenue Service (IRS) by Feb. 28, 2019 (or April 1, 2019, if filing electronically, since March 31, 2019, is a Sunday); and
- Furnish statements to individuals by March 4, 2019.
Originally, individual statements were due by Jan. 31, 2019. However, on Nov. 29, 2018, the IRS issued Notice 2018-94 to extend the furnishing deadline by 32 days. The IRS has determined that there's no need for additional time for employers, insurers and other providers of minimum essential coverage (MEC) to file 2018 forms. Therefore, Notice 2018-94 doesn't extend the due date for filing Forms 1094-B, 1095-B, 1094-C or 1095-C with the IRS for 2018. Because the due dates are unchanged, potential automatic extensions of time for filing information returns are still available under the normal rules by submitting a Form 8809.
Despite the delay, the IRS is encouraging reporting entities to furnish statements as soon as they are able. Filers are not required to submit a request or other documentation to the IRS to take advantage of the extended furnishing due date provided by Notice 2018-94. Because this extended furnishing deadline applies automatically to all reporting entities, the IRS will not grant additional extensions of up to 30 days to furnish Forms 1095-B and 1095-C.
Michigan's Paid Medical Leave Law Takes Effect on March 29
Effective March 29, 2019, Michigan’s Paid Medical Leave Act (PMLA) requires covered employers to provide paid medical leave to their eligible employees. Key requirements under the PMLA include the following:
- The paid medical leave requirements only apply to employers with 50 or more employees;
- Employees accrue one hour of paid medical leave for every 35 hours worked;
- Employers may limit employees’ use of paid medical leave to 40 hours per year; and
- Employers must conspicuously display a poster in the workplace about the PMLA.
Michigan employers with 50 or more employees should prepare to comply with the PMLA’s requirements. The Michigan Department of Licensing and Regulatory Affairs released a model workplace poster and FAQs to help employers comply with the PMLA.
EEO-1 Filing Deadline Extended to May 31
The Equal Employment Opportunity Commission (EEOC) has extended the deadline for employers to submit EEO-1 Reports for 2018. The reports are now due by May 31, 2019.
The EEO-1 Report is an annual survey required under Title VII of the federal Civil Rights Act (Title VII). Under the law, employers with 100 or more employees and certain federal contractors must use the EEO-1 Online Filing System to submit employment data by March 31 every year. The EEOC extended the 2019 deadline because the federal government shutdown has delayed the online system’s opening for 2018 reports. The EEOC expects the system to become available for 2018 submissions in early March 2019.
Employers should monitor the EEO-1 website for more information about EEO-1 filing requirements and when the filing system will be open for 2018 Reports. In the meantime, employers filing EEO-1 Reports for the first time should register to receive a company login, password and further instructions from the EEOC.
Subscribe to Higginbotham emails for HR News Worth Review sent to your inbox monthly.