Benefit News

Reminder: 2018 Annual Reporting Deadlines: San Francisco Health Care Security Ordinance San Francisco Fair Chance Ordinance

April 09, 2019

This Legislative Update is a reminder that April 30, 2019 is the deadline for employers subject to San Francisco's Health Care Security Ordinance (HCSO) and those covered by San Francisco's Fair Chance Ordinance to file an annual report (2018 Employer Annual Reporting Form) to substantiate compliance with these ordinances for 2018.

Summary Of Reporting Requirements

The 2018 Employer Annual Reporting Form includes a section for those employers subject to San Francisco's Fair Chance Ordinance. Thus, all employers covered by either the Fair Chance Ordinance or the HCSO will use the 2018 Employer Annual Reporting Form (available here) to satisfy these reporting requirements. Covered employers who fail to submit the 2018 Employer Annual Reporting Form can be subject to a penalty of $500 for each quarter that the violation occurs.

Overview of Health Care Security And Fair Chance Ordinances


Employers are covered by the HCSO during 2018, and thus subject to the 2018 annual reporting requirement, if they satisfy all of the following three requirements:

  • They employed one or more workers who performed work within the geographic boundaries of the City and County of San Francisco in any calendar quarter during 2018; and
  • They are a for-profit business with 20 or more persons who performed work in any calendar quarter during 2018, or a nonprofit business with 50 or more persons who performed work during any calendar quarter during 2018 (regardless of where the persons are located); and
  • They are required to obtain a valid San Francisco business registration certificate pursuant to Article 12 of the Business and Tax Regulations Code.

The following employers are not covered by the HCSO:

  • A private employer that employed fewer than 20 persons (including those employed outside of San Francisco) in each of the four calendar quarters of 2018 and who does not have a contract with the City and County of San Francisco; or
  • A non-profit corporation that employed fewer than 50 persons (including those employed outside of the City) in each of the four calendar quarters of 2018; or
  • Employers that had no covered employees in San Francisco during 2018.

Employers who were not covered by the HCSO in any quarter of 2018 are not required to complete the 2018 Employer Annual Reporting Form. They do not need to notify the City that they were not covered; no further action is required.

Fair Chance Ordinance

The Fair Chance Ordinance is codified in Article 49 of the San Francisco Police Code and Chapter 12T of the San Francisco Administrative Code. For purposes of 2018 reporting requirement, the Fair Chance Ordinance applies to employers in the City and County of San Francisco with 20 or more employees worldwide, as well as City contractors, and housing providers. The ordinance specifically requires covered employers to review an individual's qualifications before inquiring about that person's arrest and conviction record(s) and related information, as well as require that they limit the use of criminal history information and follow certain procedures and restrictions when inquiring about and using that information.

In October 1, 2018 the ordinance was expanded to include all employers with 5 or more employees. Those employers that became covered by the ordinance as of October 1, 2018 (those with 5-19 employees) will be required to report for the first time in April 2020.

Where To Get More Information

Helpful information regarding these ordinances can be obtained by accessing the following links:

  • Information regarding the HCSO, including the 2018 HCSO Employer Annual Reporting Form and detailed instructions, as well as additional administrative guidance is available here.
  • Information regarding the Fair Chance Ordinance is available here.

For additional information, please contact your Burnham Benefits Consultant or Burnham Benefits at 949-833-2983 or

Burnham Benefits does not engage in the practice of law and this publication should not be construed as the providing of legal advice or a legal opinion of any kind. The consulting advice we provide is intended solely to assist in assessing its compliance with the Patient Protection and Affordable Care Act and other applicable federal and state law requirements, and is based on Burnham Benefit’s interpretation of federal guidance in effect as of the date of this publication. To the best of our knowledge, the information provided herein, and assumptions relied on, are reasonable and accurate as of the date of this publication. Furthermore, to ensure compliance with IRS Circular 230, any tax advice contained in this publication is not intended to be used, and cannot be used, for purposes of (i) avoiding penalties imposed under the United States Internal Revenue Code or (ii) promoting, marketing or recommending to another person any tax-related matter.

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