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The Employer Mandate under Health Care Reform

April 12, 2013

The Affordable Care Act's employer mandate will become effective in 2014.  Pedersen attorneys are available to help your business navigate and comply with the details of the new requirements of this law.  

Beginning in 2014, certain large employers may be subject to penalty taxes for failing to offer health care coverage for all full-time employees (and their dependents), offering minimum essential coverage that is unaffordable, or offering minimum essential coverage under which the plan's share of the total allowed cost of benefits is less than 60%.  The penalty tax is due if any full-time employee is certified to the employer as having purchased health insurance through an Exchange with respect to which a tax credit or cost-sharing reduction is allowed or paid to the employee.

Businesses may have questions about the requirements for minimum essential coverage, coverage affordability, private exchanges, full-time vs. part-time employees, and which employees are eligible for credits and subsidies. 

Pedersen's team of professionals is available to help clients learn more about how the employer mandate will impact their business.  This team is led by Susan Burke, a partner with the firm who provides comprehensive legal support and counsel to closely-held and family-run businesses on such matters as governance, employment and intellectual property.  Susan is assisted by Josh Chupack, an Associate who regularly advises clients on labor and employment issues and is responsible for advising the firm's clients on compliance with the Patient Protection and Affordable Care Act (PPACA).  Finally, Amy Panici, a Certified Public Accountant is ready to assist clients and their in-house Human Resources departments with creating and tracking upcoming deadlines and establishing procedures to maintain the documentation required under the law.

Pedersen's health care reform services include:

  • Drafting and reviewing disclosure documents and employee communications
  • Client site presentations/seminars/meetings
  • Compliance research and guidance
  • Recordkeeping guidance for compliance and reporting requirements
  • Preparing for and assisting with Department of Labor and Internal Revenue Service audits.
  • Reviewing and, in special cases, designing, drafting, and restructuring health care plans (including fully insured, self-funded, grandfathered, and non-grandfathered plans)

Contact Susan Burke (312 261 2120, sburke@pedersenhoupt.com) to learn more.