Form 8928 - Return Of Certain Excise Taxes Under Chapter 43 Of The Internal Revenue Code
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5IRS Requires Reporting and Excise Taxes for Health Plan
Noncompliance
Employers that sponsor group health plans now have a duty to self-report certain regulatory
plan failures and pay excise taxes where such failures are not corrected in a timely fashion
once discovered or are attributable to willful neglect.
The Internal Revenue Code (the Code) imposes excise taxes for failure to comply with COBRA,
the Health Insurance Portability and Accountability Act (HIPAA), and other federal group
health plan mandates. Historically, the IRS has not been very active in examining health plans
for compliance with these rules or in assessing excise taxes when noncompliance has been
discovered. However, recently issued IRS final regulations require employers to self-report
violations of these rules and pay related excise taxes, where appropriate under the Code and
applicable regulations.
The employer—or in some cases the insurer, health maintenance organization (HMO) or third-
party administrator—must report health plan compliance failures annually on IRS Form 8928,
“Return of Certain Excise Taxes Under Chapter 43 of the Internal Revenue Code.” This form
instructions
and its corresponding
provide much of the substantive guidance for compliance
with the new self-reporting requirements.
The excise taxes imposed can be steep. For example, violations of COBRA, HIPAA and the
genetic anti-discrimination law can result in excise taxes of $100 per day per individual
affected. To avoid these excise taxes, compliance with group health plan mandates is key.
What Types of Violations Are Covered by the New Reporting Obligation?
Excise taxes may be imposed for failure to meet certain federal health plan requirements,
including:
•
Federal health care continuation requirements (COBRA).
•
Health plan portability and nondiscrimination requirements (HIPAA).
•
Mental health parity (Mental Health Parity and Addiction Equity Act, or MHPAEA).
•
Minimum hospital stays for newborns and mothers (Newborns’ and Mothers’ Health
Protection Act).
•
Genetic nondiscrimination requirements (Genetic Information Nondiscrimination Act, or
GINA).
•
Coverage of dependent students on medically necessary leaves of absence (Michelle’s Law).
•
Health savings account (HSA) and Archer medical savings account (Archer MSA)
contribution comparability requirements.
The new self-reporting requirements apply to noncompliance with any one of these
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