Wagner Law Group is a nationally recognized practice in the areas of
ERISA and employee benefits, estate planning, employment, labor and
human resources and investment management.
in 1996, The Wagner Law Group is dedicated to the highest standards
of integrity, excellence and thought leadership and is considered to
be amongst the nation's premier ERISA and employee benefits law
firms. The firm has seven offices across the country, providing
unparalleled legal advice to its clients, including large, small and
nonprofit corporations as well as individuals and government entities
worldwide. The Wagner Law Group's 29 attorneys, senior benefits
consultant and four paralegals combine many years of experience
in their fields of practice with a variety of backgrounds. Seven
of the attorneys are AV-rated by Martindale-Hubbell
and six are Fellows of the American
College of Employee Benefits Counsel, an invitation-only
organization of nationally recognized employee benefits
lawyers. Seven of the firm's attorneys have been
named to the prestigious Super
Lawyers list for 2017, which highlights outstanding
lawyers based on a rigorous selection process.
Wagner Law Group
Connecticut Avenue, N.W.
Fax: (561) 293-3591
7108 Fairway Drive
Palm Beach Gardens, FL 33418
East Kennedy Boulevard
Tampa, FL 33602
Francisco, CA 94104
25 W. Moody Avenue
St. Louis, MO 63119
ACA's PCORI Fee
IRS Notice 2017-61 provides
that the latest Patient Centered Outcomes Research Institute
("PCORI") fee amount for policy and plan years that end on
or after October 1, 2017, and before October 1, 2018 is $2.39.
This represents a 13 cent increase over the prior PCORI fee rate of
The Affordable Care Act ("ACA") imposes a fee (the
"PCORI fee") on fully-insured and self-insured plans that
provide accident or health benefits to individuals living in the
U.S. While the insurer is responsible for paying the PCORI fee
for fully-insured plans, employers and employee organizations that maintain
self-insured plans are also subject to the fee with respect to those
The PCORI fee supports the Patient Centered
Outcome Research Trust Fund, which will conduct comparative
effectiveness research. The PCORI fee was first assessed for
plan years ending after September 30, 2012. The PCORI fee for
the first plan year was $1 per covered life, and increased to $2 per
covered life in the second year. For subsequent plan years, the
PCORI fee is adjusted to reflect inflation in National Health Expenditures,
as determined by the Secretary of Health and Human Services.
The PCORI fee will not be assessed for plan years
ending after September 30, 2019. For calendar year plans, this
means that the last year of the PCORI fee will be 2018.
Calculating the PCORI Fee Amount. The PCORI fee amount is equal to the
average number of lives covered during the policy or plan year
multiplied by the applicable dollar amount for the year.
Plan sponsors may use any of the following
methods to calculate the average number of covered lives under the
- The actual
count method (plan sponsor adds the totals of lives covered for
each day of the year, and divides the total by the number of
days in the plan year).
- The snapshot
method (plan sponsor adds the total lives covered on one date in
each quarter of the plan year and divides by four).
- The Form
5500 method (plan sponsor uses a formula that includes the
number of participants actually reported on the Form 5500 for
the plan year).
Paying the Fee.
Plan sponsors of self-funded plans must remit the PCORI fee to IRS
annually along with an IRS Form 720. The payment and form must
be remitted to IRS by July 31 for all plan years ending in the
preceding calendar year.
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The Wagner Law Group to clients and others who may be interested in the
subject matter, and may not be relied upon as specific legal
advice. This material is not to be construed as legal advice or
legal opinions on specific facts. Under the Rules of the Supreme
Judicial Court of Massachusetts, this material may be considered