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Employer Responsibilities Under the Affordable Care Act

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Employer Responsibilities Under the Affordable Care Act George G. Olsen, Esq. WILLIAMS & JENSEN, PLLC INTERNATIONAL ASSOCIATION OF AMUSEMENT PARKS AND ATTRACTIONS WEBINAR DISCLAIMER IAAPA makes no representations
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Employer Responsibilities Under the Affordable Care Act George G. Olsen, Esq. WILLIAMS & JENSEN, PLLC INTERNATIONAL ASSOCIATION OF AMUSEMENT PARKS AND ATTRACTIONS WEBINAR DISCLAIMER IAAPA makes no representations or warranties about the accuracy or suitability of any information in the webinars and related materials; all such content is provided on an as is basis. IAAPA HEREBY DISCLAIMS ALL WARRANTIES REGARDING THE CONTENTS OF THESE MATERIALS, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. IAAPA hereby disclaims all liability for any claims, losses, or damages in connection with use or application of these materials. IAAPA does not guarantee, warrant, or endorse the products or services of any firm, organization, or person. The information contained in these webinars and related materials has been prepared, compiled, or provided by IAAPA as a service to its members and is not intended to constitute legal advice or the rendering of legal, consulting, or other professional services of any kind. Users of these materials should not in any manner rely upon or construe the information or resource materials in these materials as legal, or other professional advice and should not act or fail to act based upon the information in these materials without seeking the services of a competent legal or other professional. Employer Responsibilities Under the Affordable Care Act George G. Olsen, Esq. WILLIAMS & JENSEN, PLLC Two fundamental tenets of the Employer Shared Responsibility or Employer Mandate provisions of the ACA Penalties for breaching Employer Shared Responsibility requirements The employer mandate provisions and their associated penalties raise a plethora of critical questions Purpose today is to provide a framework which hopefully will help you think through there relevant issues for each of your businesses. Fundamental question: Is an employer absolutely required to offer health insurance to its full-time employees? Since the employer mandate only applies to large employers who have at least 50 fulltime employees, how does the employer determine how many full-time employees it has? How do you determine if you are a large employer if the number of your employees fluctuates throughout the year? How does all of this work if the employer is a subsidiary of a parent corporation? If an employer is a large employer and offers health insurance coverage to its fulltime employees, is there any scenario by which it could still be liable for a penalty? How does the employer mandate apply to a health plan whose plan year is not a calendar year? Having determined that you are a large employer subject to the mandate to offer coverage to 95% of your full-time employees, how do you determine which employees must be offered coverage in order to comply with the mandate. Put another way, how does the employer ascertain whether a seasonal worker or a variable hour employee is a full-time employee who must be offered coverage in order to avoid the imposition of a penalty? Here is where it gets really tricky! Okay, so how does the measurement period/stability period mechanism work for new employees? Any other notes about the measurement/stability period safe harbor? Now that the full-time employees have been identified, when do they have to be enrolled in coverage? An employer can be subject to a penalty if one or more full-time employees enrolls in a health exchange and, because of the employee s income level, is qualified to receive a premium subsidy or cost-sharing reduction because the employer s coverage either isn t affordable or doesn t provide minimum value. What rules need to be followed so that an employer is not tripped up by these requirements? Are there any new reporting requirements relating to health plan coverage of which an employer must be aware? Questions IAAPA s web site provides further information at: And questions may be sent to
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