MYTH #1  

If you move to a Fully Insured Health Plan, the Carrier will complete your ACA Filing Obligations.


All ALE’s (ALE = 50 or greater full time equivalents in preceding tax year) must still file 1095-C forms for Part I and II.  The fully insured carrier will only complete part III (1095-B or (6055))

Simple Summary: An ALE employer that sponsors a health plan that provides coverage to its employees must report this information to the IRS. The employer reports in Section I the employee information and in section II the information about the “Offer” of Coverage and whether it meets the IRS affordability rules.   The Part II information is a month by month snapshot of what an employer offered to the employee.  It reports whether that employee was eligible or not eligible and whether they accepted or waived the offer of benefits in or to facilitate marketplace subsidy eligibility.  The health insurance issuer or carrier is responsible for reporting who in the group has health coverage to facilitate the dependent eligibility.      For further information about the employer shared responsibility provisions under section 4980H and the reporting requirements under section 6056, see the section 4980H regulations and our section 4980H questions and answers, the section 6056 questions and answers and the Forms 1094-C and 1095-C questions and answers.

For more information, visit IRS.GOV


ACA Filing Obligations are going away.


There is a house/senate bill in the works to make distribution of forms simpler, however it is presently pending the Senate.  For 2024 reporting the rules have actually increased in regards to whom must file electronically.  

The IRS also invested $80 billion in 2022 to hire 37,000 employees and revamp their entire technology center to now communicate with other governmental agencies.  By increasing the number of employers who file electronically, it allows the IRS to speed up the oversight on each year’s tax filings.  This has led to more aggressive and quicker penalty assessments.   The IRS efforts will only continue to increase as information is more readily available to do so.  Marketplace subsidies will be recouped if they were indeed not originally entitled to be had, whether it is from the employer or the employee is up for review through the penalty procedures.    


If an employee is completely remote, I do not need I-9’s done in person.


All employers must physically verify each employee’s presented Acceptable Documents for US employment authorization and personal identity purposes in accordance with USCIS’s Form I-9 requirements.

Employers are obligated to “put eyes on” the actual, original required documents from List A or B & C. (NOTE: Employers cannot request specific types of documents for Form I-9 purposes and are not allowed to accept photocopies for verification.)  Although, employers are not required to be document experts, they are instructed to accept documents that reasonably appear to be genuine and relate to the person presenting them.

To learn more and ensure your internal practices align with the employer responsibilities and expectation related to Form I-9, access the USCIS’sHandbook for Employers – M-274Section 12.0 -Acceptable Documents for Verifying Employment Authorization  as well as Section 13.0 – Questions and Answers.

MYTH #4 

If an employee does not have a SSN, I cannot hire them.


You do not have to have a SSN to work in the USA, you have to be able to provide appropriate documents as listed on the I-9. For Form I-9 purposes, an employee does not have to provide as an Acceptable Document their Social Security Card or number.

For application purposes, an employer should neither request an applicant’s social security number nor inquire as to whether s/he has a social security number prior to hiring an individual. 

US Employees are required to have or obtain social security numbers as per the IRS. So should a new hire not have an SSN, s/he will need to apply for and obtain one.

Per the IRS, If an employer hires an employee, then there is information that an employer will need to secure for their records and forms that must be completed including the following:

Employee’s Eligibility to Work in the United States

Employee’s Social Security Number (SSN)

Employee’s Withholding

Employee’s Social Security Number (SSN)

Employers are required to get each employee’s name and Social Security number (SSN) and enter them on Form W-2 (this requirement also applies to resident and nonresident alien employees). If your employee does not have their social security card readily available, then the Social Security Administration (SSA) offers Social Security number (SSN) verification and quick access to relevant forms and publications.

Employers are not to accept an ITIN in place of an SSN for employee identification or for work. An ITIN is only available to resident and nonresident aliens who are not eligible for U.S. employment and need identification for other tax purposes. Employers can identify an ITIN because it is a 9-digit number that begins with the number “9” and is formatted like an SSN (NNN-NN-NNN). 

Note: An individual with an ITIN who later becomes eligible to work in the United States must obtain an SSN.


Employee Assistance Programs are completely confidential.


Not all EAPs are completely confidential. LOLA provides a confidentiality contract that allows the conversation with an employee to explore what their needs are with 100% security.  Our LOLA Advocates notes are shred after 60 days only retaining employee basic contact information.  The confidentiality in our agreement protects the conversations from being discoverable in a court of law unlike a basic EAP program.