As more states pass their own individual mandate, many now have their own version of employer reporting requirement.  Does your Company have to Comply with an ACA State Individual Mandate?

Although the ACA individual mandate is gone at the federal level; many states have begun to implement their own ACA state individual mandates, which require residents to purchase and maintain qualifying health coverage or face a state tax penalty.  We anticipate that more states will follow suit in pursuing ACA state individual mandates. So, employers should anticipate some reporting changes at the state level. Now is the time to determine if you have employees who reside in a state with an ACA individual mandate.

As a disclaimer, we (Selerix) are not consultants or legal counsel and can't dictate employers' decisions..  We can only offer our understanding of the expectation related to the state-level requirements outlined by individuals’ states.  That said, we always advise employers to seek guidance from their advisor and/or legal counsel.  
 
Which states are affected by the ACA state individual mandate?
To date, six states have passed individual mandates of which three are new for the 2020 reporting year, California, Rhode Island and Vermont       
  • California – Effective January 1, 2020
  • District of Columbia
  • Massachusetts
  • New Jersey
  • Rhode Island – Effective January 1, 2020
  • Vermont – Effective in 2020
Below is what we know so far and will continue to provide updates as more information is released.
California Individual Mandate Guide
Important dates
Employers are required to file annually by March 30. For the 2020 tax year, the due date was extended to May 31, 2021. The employee form mail deadline is January 31, 2021.

District of Columbia Individual Mandate Guide
Important dates
Employers are required to report annually, within 30 days after the IRS deadline for submitting 1095-B or 1095-C forms, including any extensions granted by the IRS (April 30, 2021). The employee form mail deadline is by the federal deadline (March 2, 2021).

Massachusetts Individual Mandate Guide
Important dates
Employers are required to report annually using the 1099-HC*. The reporting period is from Nov 1 to Nov 30. State filing deadline is Dec. 15, 2020. The employee form mail deadline is Jan. 31, 2021.
*Most insurance companies issue the forms on the employers’ behalf and send the state a reporting listing all the Form MA 1099-HC they
issued.

New Jersey Individual Mandate Guide
Important dates
Employers are required to report annually by the federal deadline (March 31, 2021). The employee mail form deadline is March 2, 2021.

Rhode Island Individual Mandate Guide
Important dates
Employers are required to report annually by January 31, 2021 and every January 31st thereafter. The employee mail form deadline is January 31, 2021. 
The reporting deadline is January 31st. Will there be an extension? The state reporting deadline is January 31st . For Tax Year 2020 only: After evaluating IRS Notice 2020-76, the Division of Taxation will extend the state reporting deadline (1) to individuals to March 2, 2021 and (2) to the Division to March 31, 2021

Vermont Individual Mandate Guide
Providers of MEC will only be required to report information in the event that the federal reporting requirement under Section 6055 is suspended or eliminated for the taxable year.