5 ACA issues employers should be following

I came across this great article from Employee Benefit Advisor yesterday and thought it was a great share with our audience.  With the Affordable Care Act’s new reporting requirements fast approaching, employers and their benefit advisers need more than ever to keep abreast of what’s happening with the ever-changing health care reform law. Here are five ACA issues the national law firm Epstein Becker Green says employers need to be following.

1. ACA-related litigation

Several pending court cases could have a huge impact on employer responsibility under the ACA, including
dueling decisions by federal courts about whether employers in states with federally facilitated exchanges would
be liable for penalties if an employee receives a subsidy. While employers and their advisers should be watching
the cases closely, Epstein Becker Green advises employers to continue with their employer mandate plans until the
courts rule definitively.

2. Employer mandate reporting

The IRS in August released draft forms and instructions related to the reporting requirements under sections 6055 and

6056 of the Internal Revenue Code. Finalized forms are forthcoming, but employers and their advisers can use

the drafts to begin taking steps to ensure compliance with the law, the law firm says.


3. Section 510 liability

ERISA Section 510 is an anti-abuse provision enacted to prevent unscrupulous employers from discharging

or interfering with their employees’ rights to benefits. In the wake of the ACA, Epstein Becker Green says plaintiffs’

attorneys will likely use Section 510 as an avenue for suing employers that have reduced hours to limit exposure

to employer mandate liability. Employers that are planning on reducing employee hours should do so in a way that

limits their exposure to Section 510 claims, the firm says, adding that employers may consider grandfathering employees

that previously worked 30 or more hours a week. Employers should also ensure their employment agreements are

modified to notify employees who are not benefits-eligible of their status, the law firm adds.


Click here to read the rest of the article from Employee Benefit Advisor: http://ow.ly/Dz5yk

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