In IRS Notice 2011-35, the IRS requested comments about the annual fees to be imposed on health insurers and employers who sponsor self-funded group health plans to fund the new Patient-Centered Outcomes Research Trust Fund (the Trust).

Under PPACA, the Trust was established to assist patients, clinicians, purchasers, and policy-makers in making informed health decisions by advancing comparative clinical effectiveness research. PPACA provides that the Trust will be funded in part by fees paid by issuers of health insurance policies and sponsors of self-insured health plans. These fees are imposed for plan and policy years ending on or after October 1, 2012.  

In IRS Notice 2011-35, the IRS invited comments on how the fees should be determined and paid as well as possible rules and safe harbors. The IRS intends to publish proposed regulations to implement and provide guidance on the statutory requirements for issuers and plan sponsors that pay these fees.  

Comments are due by September 6, 2011.