10/05/2026
Welcome to "Compliance Question of the Week," your go-to resource for staying ahead in the compliance landscape.
This week's topic is CMS Creditable Coverage Disclosure
Q. Our client is using an ICHRA and is filling out the CMS Creditable Coverage Disclosure form. The form asks if all options offered are creditable, non-creditable, or a mix. The group's ICHRA is considered non-creditable coverage, but the Marketplace plans can be creditable coverage depending on the plan. How should the employer respond on the form?
A. With an ICHRA, the employer reports that it offers non-creditable coverage, regardless of whether a Marketplace plan under the ICHRA is creditable or not. The question is getting to the ICHRA, and that is always reported as non-creditable.
Answers to the Question of the Week are provided by Kutak Rock.