The Affordable Care Act created the Patient-Centered Outcomes Research Institute (PCORI) which is an organization tasked with improving the quality of health care and providing information to help consumers make informed health care decisions. Health plans are required to pay an annual PCORI fee for plan years ending on or after 10/1/2016 through 10/1/2018 to fund PCORI research. The next PCORI fee (for 2018) is due July 31, 2019.
If a health plan is fully insured, the insurer is responsible for paying the PCORI fee. If the health plan is self-funded, the plan sponsor (employer) must pay the fee. Stand-alone dental or vision plans, EAPs, wellness programs, plans for employees outside of the U.S., HSAs, and almost all HRAs and FSAs are not required to pay the PCORI fee. The fee for plan years that end on or after October 1, 2018 and before October 1, 2019 is $2.45 per covered life. The 2018 fee is the last annual fee required under ACA. Calendar year health plans will pay the fee by 7/31/2019 and health plans with non-calendar plan years ending after December 31, 2018 but before October 1, 2019 will make the final payment by July 31, 2020. The fee is a tax-deductible business expense for employers with self-insured plans.
The fee must be reported on the second quarter IRS Form 720 (Quarterly Federal Excise Tax Return). The amount is based on the average number of covered lives under the plan. A self-funded health plan determines the applicable fee by multiplying the fee amount by the average number of total lives covered by the plan.
The rules allow employers with self-funded plans to select among three methods for determining the number of covered lives.
- Actual Count Method. Calculate the sum of the lives covered for each day of the plan year and divide that sum by the number of days in the plan year.
- Snapshot Method. Add the totals of lives covered on a date during the first, second, or third month in each quarter, or an equal number of dates for each quarter, and divide the total by the number of dates on which a count was made.
- Form 5500 Method. Include the number of lives actually reported on Form 5500 for the plan year (may be used only if Form 5500 is filed before PCORI Fee filed).
Insurers may select among four methods for determining the number of covered lives.
- Actual Count Method. Calculate the sum of lives covered for each day of the policy year and divide the sum by the number of days in the policy year.
- Snapshot Method. Add the total number of covered lives on a date during the first, second or third month in each quarter of the policy year, or an equal number of dates for each quarter, and divide the total by the number of dates on which a count was made.
- Member Months Method. Use the member months reported on the National Association of Insurance Commissioners Supplemental Health Care Exhibit, divided by 12.
- State Form Method. For an insurer not required to file the NAIC Exhibit, use data in any form that is filed with the state of domicile if the state form reports the number of lives covered.
Employers with self-funded health plans in the 2018 plan year should be preparing to calculate their PCORI fee obligation and file IRS Form 720 by July 31, 2019.
