November 2015 Employer Webinar

The $36,000 Question: An In-Depth Review of the ACA’s
$100 a Day Penalty

November 10, 2015

The Patient Protection and Affordable Care Act’s (ACA) requires employers and plan administrators to self-report a variety of failures to comply with group health plan requirements including many related to COBRA, HIPAA, Mental Health Parity, and comparable contributions for health savings accounts (HSAs). The excise tax is $100 a day, per affected individual.

This webinar will:

  • Discuss the violations of federal law that would trigger the excise tax, including:
    • COBRA offers
    • Pediatric vaccine coverage
    • Special enrollment requirements
    • Provide coverage under the Mothers and Newborns Act
    • Mental health parity violations
  • Discuss the ACA violations that would trigger the excise tax, including:
    • Employer contributions to individual medical plans
    • Eligibility waiting periods in excess of 90 days
    • Preexisting medical condition exclusions
    • Failure to extend dependent eligibility coverage until age 26
    • Summary of benefits and coverage failures
  • Discuss the HSA comparable contribution rules, and how the tax is calculated when they are violated
  • Explain how to use IRS Form 8928, when it must be filed, and who will pay the excise tax
  • Describe the situations that would cause the excise tax to be paid by a third-party administrator or insurer
  • Provide best practices on filing Form 8928
  • Discuss the risks of not filing or paying the excise tax
  • Discuss the 30 day window for correcting failures and the “reasonable cause” exception, including the requirement to retroactively fix the failure

This 90-minute basic to intermediate webinar will help employers understand how to avoid triggering the excise tax, and how to pay it in the event a penalty is due.

HR Certification Institute - Pre-apporved



Randal M. Limbeck

Presenter - Joseph J. Lazzarotti

Randal M. Limbeck is a Shareholder in the Morristown, New Jersey office of Jackson Lewis P.C.

Joseph J. Lazzarotti is a Shareholder in the Morristown, New Jersey office of Jackson Lewis P.C. He leads the firm's Privacy, e-Communication and Data Security Practice. He also is a member of the Employee Benefits Counseling and Litigation Practice Group and is a member of the Firm's Healthcare Reform Taskforce.

Mr. Lazzarotti advises employers and plan sponsors regarding the establishment, administration and operation of fully insured and self-funded health and welfare plans, which includes counseling concerning the Affordable Care Act, as well as assisting in the set-up of administrative and other arrangements with third-party administrators, claims administrators and other vendors.





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