ACA Compliance Checklist

I. Compliance Overview

Objective: Ensure that [YOUR COMPANY NAME] adheres to all relevant ACA regulations and requirements.

Responsible Party: [YOUR NAME], ACA Compliance Officer

Date of Last Review: [DATE]

Next Scheduled Review: [NEXT REVIEW DATE]

II. Employer Shared Responsibility

1. Applicable Large Employer (ALE) Status

• Determine if [YOUR COMPANY NAME] qualifies as an ALE under ACA guidelines.

• Monitor changes in employee counts to assess ALE status.

2. Reporting Requirements

• Complete and submit Forms 1094-C and 1095-C to the IRS annually.

• Ensure accurate and timely reporting of employee health coverage information.

III. Health Insurance Coverage

1. Minimum Essential Coverage (MEC)

• Offer MEC to eligible employees to avoid potential penalties.

• Monitor employee eligibility and enrollment in health plans.

2. Affordable Coverage

• Ensure that health coverage offered is affordable based on ACA affordability standards.

• Monitor employee contributions to health plans to ensure compliance.

IV. Summary of Benefits and Coverage (SBC)

1. SBC Distribution

• Provide SBCs to employees during open enrollment and upon request.

• Ensure SBCs are accurate, clear, and in compliance with ACA guidelines.

2. Language Requirements

• Offer SBCs in a culturally and linguistically appropriate manner.

• Provide assistance to non-English speaking employees as needed.

V. Notices and Disclosures

1. Marketplace Notices

• Provide employees with notices regarding health insurance marketplaces.

• Ensure timely distribution of notices as required by ACA regulations.

2. COBRA Notices

• Provide COBRA continuation coverage notices to eligible employees.

• Maintain records of COBRA notices and employee responses.

VI. Recordkeeping and Documentation

1. Record Retention

• Maintain accurate records of ACA compliance efforts, including employee data, health plan information, and reporting documentation.

• Ensure compliance with ACA record retention requirements.

2. Documentation

• Prepare and maintain documentation supporting ACA compliance efforts.

• Regularly review and update compliance documentation as needed.

VII. Audits and Monitoring

1. Internal Audits

• Schedule regular internal audits to review ACA compliance practices and procedures.

• Document findings and implement corrective actions as necessary.

2. Third-Party Audits

• Engage external auditors to validate ACA compliance annually or as required.

• Review and act on recommendations from external audits.

VIII. Non-Compliance Response Plan

• Establish procedures for addressing ACA non-compliance issues.

• Document and report any instances of non-compliance, along with corrective actions taken.

Remember to regularly review and update this checklist to ensure ongoing compliance with all relevant ACA regulations and requirements. Compliance is an evolving process, and staying informed is key to protecting [YOUR COMPANY NAME].

IX. Signature

By signing below, you acknowledge that you have reviewed and understand the contents of this ACA compliance checklist.

ACA Compliance Officer

[YOUR COMPANY NAME]

Date:[DATE]

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