Employer Shared Responsibility Provision

The Employer Shared Responsibility (ESR) provisions of the Affordable Care Act state that large employers have the responsibility to offer adequate health insurance coverage. As part of this "pay or play" rule, certain employees must be provided coverage or the employer will be required to pay a penalty.

Initially employers were required to offer coverage or pay penalties beginning 1-01-2014. The mandate is still in force for 2014; however, penalties for non-compliance have been postponed until 1-01-2015. Employers are urged to comply in 2014 as a transitional period so that they are ready for full compliance in 2015.

Companies with more than 200 employees must automatically enroll employees into plans unless an employee opts out.

To determine if the provisions are applicable:


When can an employer be penalized?

If an employer is considered to be an applicable large employer, penalties could apply if:

  • Minimum essential coverage is not offered to full-time employees.
  • Full time employees are not offered a minimum value plan OR the plan is not affordable.

How much can an employer be penalized?

  • If one or more full-time employees get subsidized coverage, penalties could total as much as $900,000 a year or more, depending on the size of the business.

AmCheck's Administrative Services Outsourcing services can help employers comply with these Health Care Reform provisions through accurate calculation and reporting.

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