Benefits Law Update
        Practical advice from Verrill attorneys

        Reporting Health Care Costs on Form W-2

        by Kenneth F. Ginder on April 15, 2011

        The Affordable Care Act requires employers to report on Form W-2, for informational purposes only, the cost of the group health benefits provided to each employee. IRS Notice 2011-28 (issued March 29, 2011) provides interim guidance on how this new information reporting obligation is to be implemented. Employers are not required to comply with the new reporting requirement until 2012 (see IRS Notice 2010-69). But the new guidance provides a welcome opportunity for employers to work with health care cost information in 2011 and get ready to comply with the reporting regime when it takes effect.

        Notice 2011-28 provides helpful information in the form of 31 specific questions and answers covering the following topics:

        • Employers Subject to the Reporting Requirement;
        • Method of Reporting on the Form W-2;
        • Aggregate Cost of Applicable Employer-Sponsored Coverage;
        • Cost of Coverage Required to be Included in the Aggregate Reportable Cost;
        • Methods of Calculating the Cost of Coverage, and
        • Other Issues Related to Calculating the Cost of Coverage.

        Of particular interest to employers will be the following:

        Reporting Begins in 2012. The new reporting obligation applies beginning with the calendar year 2012 Forms W-2, which will be furnished to employees in January 2013. Nevertheless, any employer who chooses to report earlier may rely on the guidance. The guidance provides that employers will report the aggregate reportable cost of applicable employer-sponsored coverage on Form W-2 in box 12, using Code DD.

        Relief for Small Employers and Others. If an employer files fewer than 250 Forms W-2 for 2011, the employer will not be required to report the cost of health coverage on the 2012 Forms W-2. The relief will apply to future years until the IRS issues subsequent guidance. Transition relief also applies to:

        • Employers issuing Forms W-2 to employees who terminate before the end of a calendar year and request a Form W-2 before the end of that year;
        • Dental and vision plans that are not integrated into another group health plan;
        • Self-insured plans of employers not subject to COBRA continuation coverage or similar requirements (for example, a church plan within the meaning of Code §4980B(d)(3) that is a self-insured group health plan);
        • Health Reimbursement Arrangements (“HRAs”); and
        • Multiemployer plans.

        Calculating the Cost of Coverage. The notice permits employers to calculate reportable costs using one of three methods: (i) the COBRA applicable premium method, (ii) the premium charge method, and (iii) the modified COBRA premium method.

        In order to comply effectively with any new IRS information reporting requirements, an employer must: (i) learn the technical requirements, (ii) facilitate collaboration between benefits and payroll departments, and (iii) establish a timeline that will provide sufficient time to make any systems changes. The guidance provided in Notice 2011-28 puts all employers in a position to do those three things well before the 2012 compliance date.

        Benefits Law Update

        Verrill’s Benefits Law Update blog delivers timely insights and practical guidance on the ever-evolving landscape of employee benefits and executive compensation. Our blog provides up-to-date analysis and commentary on a wide range of topics, including timely updates on developments in law affecting employee benefit plans and executive compensation arrangements.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Alerts and Newsletters

        SAFEs and Preferred Stock – Key Deal Terms Every Founder Should Know

        SAFEs Before negotiating a term sheet for preferred stock, many early-stage companies, particularly at the seed stage, first raise capital through...
        Press Releases

        Verrill Welcomes Business Restructuring and Insolvency Attorney Nimra Tariq

        BOSTON, Massachusetts – Verrill is pleased to announce that Nimra Tariq has joined the firm’s Business Restructuring and Insolvency Group as an...
        Press Releases

        Verrill Welcomes Construction Attorney Cassie Dufon

        PORTLAND, Maine – Verrill is pleased to welcome Cassie Dufon to the firm’s Construction Group as an Associate, resident in the firm’s Portland...
        Press Releases

        Verrill’s Wide-Ranging Private Wealth Law Practice Recognized in 2026 Chambers and Partners High Net Worth Guide

        BANGOR and PORTLAND, Maine and BOSTON, Mass. – Verrill attorneys Kenneth P. Brier, Anya F. Endsley, Kurt E. Klebe, Mary McQuillen, Nathaniel S....
        Blog

        Update on Status of Maine Packaging EPR

        In December 2024, Verrill published a blog post, Unwrapping Maine's Gift to the Environment: A New Packaging Stewardship Program Set to Launch in...
        Blog

        Voluntary Benefits Move into the ERISA Litigation Crosshairs

        Employee-paid accident, critical-illness, cancer, and hospital-indemnity insurance have long occupied a quiet corner of employee benefit plan...
        Alerts and Newsletters

        Maine’s New Employer Surveillance Law, 26 M.R.S. § 620-A

        Effective July 14, 2026 Maine employers that electronically monitor employees must comply with a new disclosure law effective July 14, 2026. Under...
        Press Releases

        Verrill Recognized by U.S. News as One of the Best Law Firms to Work for in 2026

        BOSTON, Mass., BANGOR and PORTLAND, Maine, GREENWICH and WESTPORT, Conn., – Verrill has been featured on U.S. News’ 2026 Best Companies to Work...
        Blog

        SECURE 2.0 Roth Catch-Up Rules and the 403(b) 15-Year Catch-Up: What Tax-Exempt Employers Need to Know

        Tax-exempt employers whose 403(b) plans offer catch-up contributions for participants age 50 and above should be well on their way to compliance with...
        Media Mentions

        Robert Keach Quoted in Law360 on SIMAD Summer Camp Bankruptcy Sale

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the Chapter 11 bankruptcy proceedings involving SIMAD Holdings and...
        Media Mentions

        Chris Tsouros Featured in Law360’s Coverage of Sports Real Estate Deals

        Verrill Partner Chris Tsouros was recently recognized in a Law360 article highlighting law firms involved in significant sports real estate projects...
        Blog

        What Maine’s New Employer Surveillance Law Means for Maine Employers

        Maine employers who monitor their workforce, whether through productivity software, GPS, call recording, or cameras, have a new compliance obligation...