Deep Dive into the Play or Pay Penalty Components

February 7, 2013

Bass, Berry & Sims
Webinar

As a follow-up to Bass, Berry & Sims’ Play or Pay 101 webinar, the firm’s Employee Benefits attorneys will take a deeper dive into the Affordable Care Act’s play or pay mandate. This webinar will focus on several components of the penalty formula, including determining which employees are full-time employees for purposes of the mandate. The Affordable Care Act technically requires an employer to determine whether an individual is a full-time employee on a month-by-month basis in real time. Recognizing the administrative burden on employers in making such a month-to-month determination, the recently-issued regulations provide for a safe harbor that allows employers to measure employees’ hours over a “measurement period” and then lock in their full-time/part-time status over a subsequent “stability period.” To take advantage of the safe harbor, employers will need to begin recordkeeping efforts in 2013. Topics are scheduled to include:

  • Identifying Full-Time Employees for the Coverage Mandate
  • The Measurement/Stability Period Safe Harbor:
    • Ongoing Employees
    • New Employees
    • Seasonal Employees
    • Employees with Variable Hour Schedules
  • Significance of Substantial Compliance
  • Avoiding the Penalty Altogether:
    • Minimum Value
    • Affordability of Coverage

To view these webinars, please visit our YouTube page.