A continuing resolution which funds the Federal government through February 8, 2018 was passed by Congress and signed into law by President Trump on Jan. 22, 2018. Previously, as part of a 2015 year-end appropriations bill, the effective date of the Cadillac tax provisions of the Affordable Care Act (ACA) was delayed two years, pushing the start date back from 2018 until 2020. This new legislation further delays implementation of the Cadillac tax until 2022.

The Cadillac tax imposes a 40 percent excise tax on the amount of the aggregate cost of employer-sponsored health coverage that exceeds the specified threshold in effect for the calendar year. For example, if an employer offered individual coverage that cost $12,000 per employee, the excess amount for a month would be calculated by ($12,000 / 12 months) - ($10,200 / 12) = $150, based on an annual threshold of $10,200. Therefore, the employer would be taxed 40 percent of $150, or $60 per employee per month.

The Cadillac tax is not dead yet, but this further delay should be factored into your health plan design considerations.