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ARTICLE · 30 MAY 2017

What Coverage Must Employers Offer To Avoid "Play Or Pay" Liability?

Question: Our company recently grew to become an applicable large employer (ALE) under the Affordable Care Act (ACA).

United StatesEmployment and HR

Question: Our company recently grew to become an applicable large employer (ALE) under the Affordable Care Act (ACA). As the ACA remains in effect for the time being, could we get a refresher on what health care coverage must be offered to our employees?

Answer: Of course. There are two types of penalties under the employer shared responsibility provisions of Internal Revenue Code Section 4980H — also known as the ACA's "play or pay" provision. What health coverage must be offered depends on the type of penalty.

Each penalty may be triggered if a full-time employee buys coverage on a Health Insurance Marketplace (also known as an "exchange") and receives premium tax credits. And only an ALE may be subject to penalties. As you're no doubt aware, an ALE is generally an employer that employed 50 or more full-time employees, including full-time equivalents, during the previous calendar year.

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