H.R. 3801 · 118th Congress · House

Employer Reporting Improvement Act

Enacted· Became Public Law No: 118-168.
Introduced
Jun 5, 23
Passed House
Jun 21, 23
Passed Senate
Dec 10, 24
Sent to President
Dec 17, 24
Signed into Law
Dec 23, 24

Executive Summary

Employer Reporting Improvement Act

This act modifies provisions under the Patient Protection and Affordable Care Act that require employers and health insurance providers to prepare tax forms showing proof of minimum essential coverage (1095-B and 1095-C tax forms).

Generally, employers and health insurance providers that provide minimum essential coverage must report this information for each covered individual to the Internal Revenue Service (IRS), including the covered individual's name and tax identification number (TIN). Employers and providers must also send a copy of this information to the covered individual (through 1095-B and 1095-C tax forms) by January 31 of each year.

The IRS allows for an individual's date of birth to be substituted for the individual's TIN if the TIN is not available. The IRS also allows employers and providers to send 1095-B and 1095-C tax forms to individuals electronically upon obtaining consent from the individual to do so. (Individuals may revoke consent at any time.)

This act provides statutory authority for the substitution of an individual’s full name and date of birth for the individual’s TIN on 1095-B and 1095-C tax forms and the electronic transmission of these forms when prior affirmative consent is provided by the individual.

Additionally, large employers (generally those with 50 or more full-time employees) are subject to an assessment by the IRS if they do not offer affordable minimum essential coverage (sometimes referred to as the employer mandate or the pay-or-play penalty).

The act requires the IRS to give large employers at least 90 days to respond after sending its first letter that informs the employer of the proposed assessment (Letter 226-J). (Previously, the IRS generally allowed 30 days to respond, unless an extension was granted.)

Finally, the act establishes a six-year statute of limitations for assessing amounts for failure to offer affordable minimum essential coverage. 

Previous Versions

53Jun 21, 2023

Employer Reporting Improvement Act

This bill modifies provisions under the Patient Protection and Affordable Care Act that require employers and health insurance providers to prepare tax forms showing proof of minimum essential coverage (1095-B and 1095-C tax forms).

Currently, employers and health insurance providers that provide minimum essential coverage must report this information for each covered individual to the Internal Revenue Service (IRS), including the covered individual's Tax Identification Number (TIN). Employers and providers must also send a copy of this information to the covered individual (through 1095-B and 1095-C tax forms) by January 31 of each year.

The IRS allows for an individual's date of birth to be substituted for the individual's TIN if the TIN is not available. The IRS also allows employers and providers to offer 1095-B and 1095-C tax forms to individuals electronically. The bill provides statutory authority for these flexibilities.

Additionally, under current law, large employers (generally those with 50 or more full-time employees) are subject to an assessment by the IRS if they do not offer affordable minimum essential coverage. The bill requires the IRS to give large employers at least 90 days to respond after sending its first letter about a proposed assessment (Currently, the IRS generally gives 30 days to respond.) It also establishes a six-year statute of limitations for collecting assessments.

07Jun 13, 2023

Employer Reporting Improvement Act

This bill modifies provisions under the Patient Protection and Affordable Care Act that require employers and health insurance providers to prepare tax forms showing proof of minimum essential coverage (1095-B and 1095-C tax forms).

Currently, employers and health insurance providers that provide minimum essential coverage must report this information for each covered individual to the Internal Revenue Service (IRS), including the covered individual's Tax Identification Number (TIN). Employers and providers must also send a copy of this information to the covered individual (through 1095-B and 1095-C tax forms) by January 31 of each year.

The IRS allows for an individual's date of birth to be substituted for the individual's TIN if the TIN is not available. The IRS also allows employers and providers to offer 1095-B and 1095-C tax forms to individuals electronically. The bill provides statutory authority for these flexibilities.

Additionally, under current law, large employers (generally those with 50 or more full-time employees) are subject to an assessment by the IRS if they do not offer affordable minimum essential coverage. The bill requires the IRS to give large employers at least 90 days to respond after sending its first letter about a proposed assessment (Currently, the IRS generally gives 30 days to respond.) It also establishes a six-year statute of limitations for collecting assessments.

00Jun 5, 2023

Employer Reporting Improvement Act

This bill modifies provisions under the Patient Protection and Affordable Care Act that require employers and health insurance providers to prepare tax forms showing proof of minimum essential coverage (1095-B and 1095-C tax forms).

Currently, employers and health insurance providers that provide minimum essential coverage must report this information for each covered individual to the Internal Revenue Service (IRS), including the covered individual's Tax Identification Number (TIN). Employers and providers must also send a copy of this information to the covered individual (through 1095-B and 1095-C tax forms) by January 31 of each year.

The IRS allows for an individual's date of birth to be substituted for the individual's TIN if the TIN is not available. The IRS also allows employers and providers to offer 1095-B and 1095-C tax forms to individuals electronically. The bill provides statutory authority for these flexibilities.

Additionally, under current law, large employers (generally those with 50 or more full-time employees) are subject to an assessment by the IRS if they do not offer affordable minimum essential coverage. The bill requires the IRS to give large employers at least 90 days to respond after sending its first letter about a proposed assessment (Currently, the IRS generally gives 30 days to respond.) It also establishes a six-year statute of limitations for collecting assessments.

Action Timeline

26
  1. DEC 23, 2024BecameLaw

    Signed by President.

  2. DEC 23, 2024President

    Signed by President.

  3. DEC 23, 2024BecameLaw

    Became Public Law No: 118-168.

    118Yea
    168Nay
    0NV
  4. DEC 23, 2024President

    Became Public Law No: 118-168.

    118Yea
    168Nay
    0NV
  5. DEC 17, 2024President

    Presented to President.

  6. DEC 17, 2024Floor

    Presented to President.

  7. DEC 11, 2024Floor

    Message on Senate action sent to the House.

  8. DEC 10, 2024Committee

    Senate Committee on Finance discharged by Unanimous Consent.

  9. DEC 10, 2024Discharge

    Senate Committee on Finance discharged by Unanimous Consent.

  10. DEC 10, 2024Floor

    Passed/agreed to in Senate

    Passed Senate without amendment by Unanimous Consent.

  11. DEC 10, 2024Floor

    Passed Senate without amendment by Unanimous Consent

    (consideration: CR S6935)

  12. JUN 22, 2023IntroReferral

    Received in the Senate and Read twice and referred to the Committee on Finance.

  13. JUN 21, 2023Floor

    Mr

    Smith (MO) moved to suspend the rules and pass the bill, as amended.

  14. JUN 21, 2023Floor

    Considered under suspension of the rules

    (consideration: CR H3048-3050)

    3048Yea
    3050Nay
    0NV
  15. JUN 21, 2023Floor

    DEBATE - The House proceeded with forty minutes of debate on H.R. 3801.

  16. JUN 21, 2023Floor

    Passed/agreed to in House

    On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H3048-3049)

    3048Yea
    3049Nay
    0NV
  17. JUN 21, 2023Floor

    On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H3048-3049)

    3048Yea
    3049Nay
    0NV
  18. JUN 21, 2023Floor

    Motion to reconsider laid on the table Agreed to without objection.

  19. JUN 13, 2023Committee

    Reported (Amended) by the Committee on Ways and Means. H. Rept. 118-111.

    118Yea
    111Nay
    0NV
  20. JUN 13, 2023Committee

    Reported (Amended) by the Committee on Ways and Means. H. Rept. 118-111.

    118Yea
    111Nay
    0NV
  21. JUN 13, 2023Calendars

    Placed on the Union Calendar, Calendar No. 86.

  22. JUN 07, 2023Committee

    Committee Consideration and Mark-up Session Held

  23. JUN 07, 2023Committee

    Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 37 - 0.

    37Yea
    0Nay
    0NV
  24. JUN 05, 2023IntroReferral

    Introduced in House

  25. JUN 05, 2023IntroReferral

    Introduced in House

  26. JUN 05, 2023IntroReferral

    Referred to the House Committee on Ways and Means.

Committees

5

Finance Committee

ssfi00

Referred: Dec 10, 2024

Active

Finance Committee

ssfi00

Referred: Jun 22, 2023

Active

Ways and Means Committee

hswm00

Referred: Jun 13, 2023

Active

Ways and Means Committee

hswm00

Referred: Jun 7, 2023

Active

Ways and Means Committee

hswm00

Referred: Jun 5, 2023

Active