Non-ALE with ICHRA required to file 1094-B and 1095-Bs?

[Flyboyjohn]

My understanding is that non-ALEs offering an ICHRA are supposed to file 1094-B and 1095-Bs.

Other than the "because it's the law" and "there could be substantial penalties if your failure is discovered" is any real purpose served by such filings?

Thanks

 

 

[Moosen14]

It is my understanding that the 1094-B/1095-B may be utilized to validate claims for the Premium Tax Credit and report the individual and any dependents. If an employee participates in an ICHRA they are ineligible for the Premium Tax Credit no matter whether the coverage is affordable. Further, technically the penalty for the individual mandate has been repealed, but the statutory coverage requirement and reporting scheme enacted to verify the same has not been amended. So, my understanding, potentially useful for verifying MEC and PTC eligibility, but also, in many respects, a hold-over from the Individual Penalty years. 

[Scott A. Davis]

Carriers file the 1095-A for Individual Health Plans, ICHRA ALEs file 1094-C-1095-C. Non-ALE Self-Funded Group Health Plans also file 1094-B an 1095-B.  Checking with an ICHRA vendor to double check if they will confirm or support 1094/1095 filing requirements.  Not aware of a ICHRA non-ALE Group Health Plan Sponsor filing 1094-B 1095-B, as this would impact the vast majority of ICHRA Plan Sponsors.

The guide below from Newfront is helpful for other questions, and slide 10 and 14 are helpful too.

ICHRA Guide for Employers: The Health Plan 401(k) Has Arrived (PDF)