If You Have Less than 50 Employees, Read This

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You may not yet have heard about a new type of health plan arrangement created in December 2016 for small employers – the “QSEHRA”.  Many employers, particularly small employers, were adversely affected by a change in the law prohibiting employers from reimbursing employees for the cost of their individual health policies.  Under this new law, Qualified Small Employers can adopt a Health Reimbursement Arrangement that complies with the rules set out in Internal Revenue Code Section 9831(d).  These new arrangements are available only to employers with less than 50 full-time employees and full-time equivalent employees who offer no health plan coverage to its employees.  A QSEHRA can reimburse employees who provide proof of other medical coverage for various medical expenses, including, importantly, the cost of individual health insurance, up to $4,950 for employee only coverage and $10,000 for family coverage (additional requirements apply).

Code Section 9831(d) provides a very specific notice requirement regarding its timing and content.  Because not much guidance relating to this notice requirement has been issued, the IRS just released transition relief in Notice 2017-20 waiving the notice requirement until additional guidance is issued.

More information about this limited type of a stand-alone HRA can be found at https://www.dol.gov/sites/default/files/ebsa/about-ebsa/our-activities/resource-center/faqs/aca-part-35.pdf

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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