Potential Employer Penalties Under the Patient Protection and Affordable Care Act (ACA)

Source: Janemarie Mulvey, Congressional Research Service, CRS Report for Congress, R41159, July 22, 2013

On Tuesday July 2, 2013, the Obama Administration posted a blog on employer requirements and the Patient Protection and Affordable Care Act (ACA, P.L. 111-148), as amended. Based on the White House blog, the administration (1) plans to revamp employer reporting requirements, and therefore suspend employer reporting requirements for 2014, and (2) because employer payments are dependent on the reporting requirements, no payments will be collected in 2014. The Administration noted that these changes were in response to employers’ concerns about the reporting requirement.

On July 17, 2013, H.R. 2667, the Authority for Mandate Delay Act, passed the House. H.R. 2667 would delay by one year the applicable effective date for the employer requirements, employer penalties, and related reporting requirements specified under ACA.

This report provides information on the statutory requirements and the proposed regulations issued to implement these statutory requirements in December 2012. This report does not yet reflect the proposed Administration changes. The report will be fully updated once additional information becomes available…