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Freedom251 › Blog › ACA compliance

HealthWorX, Section 105(b) and Employer Healthcare Costs: What the Evidence Shows

By Freedom251 Team · · 6 min read

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There is not enough public, independently verified evidence to conclude that HealthWorX is safer or less expensive for employers. HealthWorX describes a nonprofit–third-party administrator model, but its current plan documents, employer costs, network access, claims performance and savings have not been independently established in the sources available. The legal risks turn on how a particular arrangement is structured and operated—not simply on whether it mentions section 105(b).

What HealthWorX says its model does

In a September 3, 2026 press release, HealthWorX described a model in which a mission-driven nonprofit supports healthcare access and a third-party administrator (TPA) handles enrollment, eligibility, plan operations, participant support, provider access, claims processing and compliance. The company characterizes its approach as delivering healthcare services rather than returning payroll deductions as purportedly tax-free cash. These are the company’s descriptions, not independent findings that a particular plan complies with the law, covers a particular provider or reduces costs. HealthWorX press release, September 3, 2026

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A July 28, 2026 release emphasizes that the model requires operating infrastructure, not just plan documents or a benefit announcement. That is a relevant implementation issue, but the release does not provide independently audited performance measures. HealthWorX press release, July 28, 2026

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HealthWorX and WorXsiteHR materials identify Wellness WorX, Inc. dba Xtension Health as a nonprofit partner. The company compliance page makes claims about nonprofit status and Department of Labor audits; its comparison document describes a section 125 ERISA healthcare plan and lists telemedicine, hospital indemnity, accident insurance and life insurance. Those interested-party materials should be checked against underlying documents. A statement that a plan is certified, approved or audited does not, by itself, establish what an agency reviewed or whether the current arrangement meets the employer’s obligations. Company compliance page · Company comparison document

What section 105(b) does—and why the label is not enough

Section 105(b) is associated with excluding qualifying employer-provided accident or health plan benefits from an employee’s gross income. But that tax provision does not make every arrangement marketed as a “105(b) plan” lawful, nor does it make every arrangement using the provision equivalent to an employer reimbursing employees for individual insurance premiums. The details of the plan and how it operates matter.

The IRS says an employer payment plan generally includes an employer arrangement that reimburses employees for some or all premiums on individual health-insurance policies. Under Notice 2013-54, those arrangements are treated as group health plans subject to Affordable Care Act market reforms, and generally cannot be integrated with individual policies to satisfy those reforms. The IRS page describes a potential section 4980D excise tax of $100 per day per applicable employee, or $36,500 per employee per year, for a noncompliant arrangement of the kind it discusses. That is not a universal penalty for every plan mentioning section 105(b), and the historical transition relief described in older guidance should not be assumed to apply generally. IRS: Employer health care arrangements

A 2015 DOL FAQ addressed a specific vendor model: an employer cancels group coverage, establishes a section 105 reimbursement plan, helps workers choose individual policies and lets eligible workers seek Marketplace credits. DOL answered “No.” It explained that the described arrangement is a group health plan, that employees enrolled in it are ineligible for premium tax credits or cost-sharing reductions for that coverage, and that market-reform failures can trigger section 4980D taxes. That answer concerns the fact pattern in the FAQ; it is not a ruling about HealthWorX or every plan that refers to section 105(b). DOL FAQ, Part XXII, Q3

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Regulatory attention should also be described precisely. In a 2024 bulletin, Treasury and the IRS said they were not finalizing proposed amendments to a section 105 regulation at that time, cautioned that “No inference should be drawn” from that decision, and said compliance efforts concerning the section 105(b) exclusion would continue. This supports saying that compliance remains an issue; it does not establish a new 2026 enforcement sweep against all arrangements described as 105(b). Internal Revenue Bulletin 2024-19

How the main alternatives differ

These options are not interchangeable. Their rules, documentation and tax-credit effects differ, and the right comparison depends on the employer’s size, current coverage and actual plan terms.

Arrangement What the cited sources establish Key point to verify
Employer reimbursement of individual-policy premiums The IRS generally treats an employer payment plan reimbursing individual premiums as a group health plan subject to ACA market reforms. IRS guidance Whether the actual arrangement is an employer payment plan and how it satisfies applicable requirements.
Individual coverage HRA (ICHRA) Final rules allow an ICHRA to integrate with individual health-insurance coverage or Medicare when specified conditions are met. IRS ACA tax provisions Plan conditions, affordability for the employee, and the employee’s eligibility for Marketplace credits.
Qualified small employer HRA (QSEHRA) For 2026, the maximum permitted benefit is $6,450 for self-only coverage or $13,100 for family coverage. It must be funded solely by the employer, reimburse qualifying expenses after proof of coverage and generally use the same terms for eligible employees; eligibility rules also apply. IRS Publication 15-B (2026) Whether the employer and plan meet QSEHRA eligibility and operating requirements.
Insured group health plan HealthWorX’s public materials reviewed here do not establish enough current plan-level detail for a like-for-like comparison. Obtain the policy, benefits, exclusions, premiums, network and employer contribution terms.
HealthWorX model The company describes a nonprofit–TPA structure; independent current evidence of its cost, access, claims outcomes and compliance was not established in the cited public materials. Verify the specific plan’s legal structure, contracts, coverage, costs, administration and accountability.

For an ICHRA, HealthCare.gov gives the 2026 affordability threshold as 9.96%. If an offer is affordable, the employee and household generally cannot receive a Marketplace premium tax credit for that coverage month. If it is unaffordable, an employee may opt out of the ICHRA and choose a credit if otherwise eligible. The calculation depends on the employee’s circumstances and the applicable plan year. HealthCare.gov: ICHRA guidance

QSEHRAs have separate limits and eligibility rules; they are not simply a smaller ICHRA. IRS Publication 15-B says an eligible employer generally cannot be an applicable large employer (ALE) and cannot offer a group health plan to employees. The 2026 dollar limits above are plan-year figures, not permanent caps. IRS Publication 15-B (2026)

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What employers should request before comparing costs

A marketing description is not enough to evaluate either compliance or savings. Ask for the documents and numbers that let the employer’s advisers assess the arrangement as actually offered:

  • Legal structure: Current plan document, summary plan description, applicable notices, and a written explanation of whether the arrangement is an employer payment plan, ICHRA, QSEHRA, insured group plan or another structure.
  • Cost detail: Employer contributions, employee payroll deductions, administration fees, premiums, uncovered expenses and any costs shifted to workers. No independent HealthWorX savings figure was established in the cited sources.
  • Coverage and access: Covered services, exclusions, cost sharing, prescription coverage, provider network and geographic availability. Confirm how participants obtain care and whether their providers are in-network.
  • Operational responsibility: Identify who determines eligibility, processes claims, handles appeals and complaints, maintains records and bears insurance risk. Check the contracts behind each stated role.
  • Tax credits and employer duties: For individual-market coverage or an ICHRA, determine how the offer affects each employee’s Marketplace premium-tax-credit options. Separately assess the employer’s obligations if it is an ALE.
  • Independent support: Have benefits counsel review the employer’s facts and the current documents rather than relying on a vendor’s general claim of approval or compliance.

For ALEs, the employer shared-responsibility rules are a separate issue: the IRS says ALEs generally must offer full-time employees affordable coverage providing minimum value or could owe a payment if an employee receives a premium tax credit. A vendor’s cost claim does not establish that the employer has met this obligation. IRS employer shared-responsibility Q&A

What is—and is not—established about HealthWorX

The public materials cited here establish what HealthWorX says its model is, and they offer a starting list of roles and plan features to verify. They do not establish current employer or employee pricing, full plan terms, insurer or policy details, exclusions, network reach, actual claims-administration arrangements, eligibility and participation rules, or the specific payroll arrangement. Nor do they provide independently measured employer savings, worker access, retention, claims performance or medical outcomes.

That distinction matters because a “lower cost” comparison must count more than the employer’s headline contribution. It should include administration, employee payments, uncovered care and any shift in financial risk. Likewise, a “safer” claim needs to specify safer in what sense—legal compliance, predictable coverage, operational reliability or financial exposure—and be supported by evidence for the actual plan. The available sources do not establish those results for HealthWorX.

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ACA complianceemployer health benefitsHealthWorXICHRAQSEHRASection 105(b)

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