Sec. 701. Voluntary prospective reporting system
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Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Health and Human Services, the Secretary of Labor, and the Administrator of the Small Business Administration, shall develop and implement guidance providing for a prospective reporting system meeting the requirements of subsection (b). Such system shall be available for use by employers on a voluntary basis beginning not later than January 1, 2021. The system created under subsection
(a)shall include— voluntary reporting by each participating employer that offers minimum essential coverage to its full-time employees and their dependents under an eligible employer-sponsored plan, not later than 45 days before the first day of the annual open enrollment period under section 1311(c)(6)(B) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(c)(6)(B) ) for each calendar year, of— the name and employer identification number for purposes of section 6056 of the Internal Revenue Code of 1986 of the employer; a certification of— whether coverage meeting the definition of minimum essential coverage in section 5000A(f) of the Internal Revenue Code of 1986 is offered to the full-time employees (within the meaning of section 4980H of such Code) of the employer; whether such coverage is offered to part-time employees of the employer; whether such coverage is offered to dependents of employees; whether such coverage is offered to spouses of employees; whether such coverage meets the minimum value requirement of section 36B(c)(2)(C)(ii) of such Code; whether such coverage satisfies the requirements to qualify for one of the affordability safe harbors promulgated by the Secretary of the Treasury for purposes of section 4980H of such Code; and whether the employer reasonably expects to be liable for any shared responsibility payment under section 4980H of such Code for such year; the months during the prospective reporting period that such coverage is available to individuals described in clauses
(i)through
(iv)of subparagraph (B); what waiting periods, if any, apply with respect to such coverage; and a list of all employer identification numbers of the employer for entities that employ employees within the employers control group under subsection (b), (c), (m), or
(o)of section 414 of the Internal Revenue Code for 1986; processes necessary to ensure that Exchanges, the Federal Marketplace Data Services Hub, and the Internal Revenue Service can securely and confidentially access the information described in paragraph
(1)as necessary to carry out their respective missions, and to provide to the Secretary of Health and Human Services additional information relating to eligibility determinations for advance payment of the premium tax credits under section 36B of such Code and the cost-sharing subsidies under section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ); a process to allow Exchanges to follow up with employers in order to obtain additional reasonably necessary information relating to an employee’s eligibility for such advance payment or such cost-sharing subsidies, and to allow an employee to receive notification of any problem in verifying such eligibility; and a process to allow employers using the system to provide timely updates to the Federal Marketplace Data Services Hub regarding any cancellation of coverage or significant change in coverage for participating employees that would change the information reported under paragraph (1). Subparagraph
(J)of section 1311(d)(4) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(d)(4)(J) ) is amended by striking to each employer and all that follows through (and the effective date of such cessation); and and inserting to each employer— the name of each employee of the employer who enrolls in a qualified health plan for a plan year, or whose dependents enroll in such a plan, at the time of such enrollment; or the name of each employee of the employer described in subparagraph (I)(ii) who ceases coverage under a qualified health plan during a plan year (and the effective date of such cessation); and . Section 6056 of the Internal Revenue Code of 1986 is amended by redesignating subsection
(f)as subsection
(g)and by inserting after subsection
(e)the following new subsection: If, through the system created pursuant to section 701(a) of the Health Care Improvement Act of 2020 , an employer provides prospective reporting for any calendar year that meets the requirements of section 701(b)(1) of such Act— such employer shall be treated as satisfying the return requirements of subsections
(a)and
(b)for such year; and such employer shall be treated as satisfying the requirements of subsection
(c)for such year if the employer— furnishes the statement described in such section to those employees of the employer whose names have been provided to the employer by an Exchange under section 1311(d)(4)(J)(i) of the Patient Protection and Affordable Care Act regarding enrollment of the employee or a dependent in a qualified health plan (as defined in section 1301 of such Act) through the Exchange; and furnishes a copy of such statement with respect to such employees to the Secretary. . An employer may contract with a third party to make the report under subsection (b)(1) without affecting the employer’s treatment as having satisfied the return requirements of subsections
(a)and
(b)of section 6056 of the Internal Revenue Code of 1986. Subsection (i)(3) of section 453 of the Social Security Act ( 42 U.S.C. 653 ) is amended by adding at the end the following new sentence: The Secretary of the Treasury and the Secretary of Health and Human Services shall have access to the information in the National Directory of New Hires for purposes of administering section 36B and 4980H of the Internal Revenue Code of 1986 and section 1402 of the Patient Protection and Affordable Care Act ( . 42 U.S.C. 18071 ). Subsection (k)(3) shall not apply to information received for purposes of the administration of such sections 36B and 4980H of such Code and section 1402 of such Act. Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall develop and implement guidance for allowing any employee of an employer to receive, on request, the employer’s employer identification number for purposes of section 6056 of the Internal Revenue Code of 1986. Employers shall provide the employer’s employer identification number for purposes of section 6056 of the Internal Revenue Code of 1986 on one of the following documents of the employer’s election: Health Insurance Marketplace Coverage Options Notice required under section 18B of the Fair Labor Standards Act. Summary of Benefits and Coverage described in section 2715 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ). Marketplace Employer Coverage tool. Annual benefits enrollment materials distributed to employees, including through an intranet or an online portal accessible by employees. Employee pay statements or Form W–2. It is the sense of Congress that building and maintaining the voluntary prospective reporting system described in this section will require appropriations to the Secretary of the Treasury, the Secretary of Health and Human Services, the Secretary of Labor, and the Administrator of the Small Business Administration, and that necessary sums to carry out the requirements of this section should be appropriated for such purpose.
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