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

        Media Mentions

        Steven Davis Featured in the Environmental Business Journal

        Steven Davis, President of Verrill Strategic Consulting, was recently interviewed and featured in the Environmental Business Journal, Volume 39...
        Blog

        What is a Bonus for Purposes of ERISA?

        An ongoing dispute about a Department of Labor advisory opinion published last September raises a basic but unanswered question under the ERISA: What...
        Media Mentions

        Verrill Recognized by WMTW for Partnership Supporting Hunger Relief in Maine

        Verrill was recently featured in coverage by WMTW News 8 for its role in a collaborative effort to combat food insecurity across southern...
        Press Releases

        33 Verrill Attorneys, Across Four Offices, Recognized in the 2026 Chambers USA Guide

        BOSTON, Massachusetts, PORTLAND, Maine, WESTPORT, Connecticut, and WASHINGTON, D.C. – Verrill has been recognized as a Leading Firm in 14...
        Blog

        Will the Knicks Beat the Spurs? (Are Prediction Market Event Contracts Gambling?)

        For those of you who like to keep score, currently 18 states are engaged in litigation over prediction markets, such as Kalshi and Polymarket,...
        Alerts and Newsletters

        DOJ Announces Faster Review and Enhanced Enforcement for Benefits-Fraud FCA Matters

        On May 27, 2026, the U.S. Department of Justice (DOJ) Civil Division issued a new memorandum, “Accelerating Review and Enhancing Enforcement in...
        Alerts and Newsletters

        DOJ Announces Minnesota Health Care Fraud Takedown; Signals Intensified Medicaid Enforcement Nationwide

        On May 21, the Department of Justice (“DOJ”) announced a first-of-its kind Minnesota Health Care Fraud Takedown charging 15 defendants, including...
        Media Mentions

        Lauren Galvin Quoted in Massachusetts Lawyers Weekly on Arbitration and Anti-SLAPP Protections

        Verrill Partner Lauren Galvin was recently featured in a Massachusetts Lawyers Weekly article highlighting a notable Superior Court decision...
        Blog

        Section 530A Accounts: What Employers Should Consider Before Offering Contributions to “Trump” Accounts

        Section 530A accounts, commonly referred to as Trump accounts, have attracted attention since the enactment of the One Big Beautiful Bill Act in...
        Blog

        Navigating PBM Reform: Regulatory Changes, Market Shifts, and Practical Guidance for ERISA Fiduciaries

        Pharmacy Benefit Manager (“PBM”) arrangements have long relied on rebates with limited transparency into true drug costs. Recent regulatory and...
        Blog

        DOL’s Proposed Regulation on Selecting Alternative Investments: Broad Implications for 401(k) and 403(b) Plan Fiduciaries

        On March 30, 2026, the Department of Labor issued a proposed regulation purporting to implement an executive order to expand access to “alternative...
        Press Releases

        Verrill Welcomes Private Clients & Fiduciary Services Attorney Gracie Castle

        BOSTON, Massachusetts – Verrill is pleased to welcome Gracie Castle to the firm’s Private Clients & Fiduciary Services Group as an Associate,...