Insurance News

  • Additional IRS Q&As on American Rescue Plan’s COBRA Subsidy July 27, 2021
    On July 26, 2021, the IRS issued Notice 2021-46, providing additional guidance on the application of the American Rescue Plan Act (ARPA) subsidy for continuation health coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) in the form of 11 questions and answers.
  • Domestic Violence Leave for Missouri Workers Enacted July 23, 2021
    A new statute requires Missouri employers with at least 20 employees to provide unpaid leave when workers or their family members are domestic violence victims. The mandate takes effect August 28, 2021.
  • Hawaii Prohibits Requiring Employees to Download COVID-19 Tracing Apps July 22, 2021
    The Prohibition Applies To Current And Prospective Employees When The Download Is Intended As A Condition Of Employment On July 7, 2021, Hawaii adopted a law that prohibits employers from requiring their employees and applicants to download
  • Colorado Repeals Subminimum Wages for Workers with Disabilities July 21, 2021
    Lower Wages Were Repealed To Encourage Competitive Integrated Employment On June 29, 2021, Colorado repealed a law that permitted employers to pay subminimum wage rates to employees with a disability. This amendment states that the legislature is repealing these provisions
  • California Will Allow Electronic Distribution of Workplace Notices July 21, 2021
    Employers Must Also Continue to Physically Display These Electronic Notices On July 16, 2021, California amended its Labor Code to allow employers to distribute certain workplace notices and posters electronically in addition to displaying the postings required by law. The
  • California Supreme Court Rules Noncompliant Rest Periods Must Be Paid at Regular Rate of Pay July 21, 2021
    The Court's Holding Applies Retroactively  On July 15, 2021, the California Supreme Court ruled in Ferra v. Loews Hollywood Hotel, LLC that employers must use the regular rate of pay rather than the hourly wage rate when paying employees for
  • DOL Proposes Rule to Increase Wages for Federal Contractors July 21, 2021
    This DOL proposed Rule Was Issued To Implement The April 27, 2021 Executive Order On July 21, 2021, The U.S. Department of Labor (DOL) announced a proposed rule that would increase the minimum wage rate for federal contractor employees to
  • Hawaii Repeals Subminimum Wage Rate for Disabled Workers July 20, 2021
    The Amendment Was Necessary Because the Law No Longer Met Its Objective On June 16, 2021, Hawaii repealed the ability of employers in the state to pay lower wage rates to employees with disabilities. As a result, employers in Hawaii
  • Rhode Island Increases Temporary Caregiver Benefits July 20, 2021
    Rhode Island has expanded its temporary caregiver insurance (TCI) benefits to cover five weeks annually starting Jan. 1, 2022, and six weeks annually beginning Jan. 1, 2023.
  • Recalling Service Workers Laid Off Due to COVID-19 in Connecticut July 20, 2021
    Employers in Certain Industries Must Rehire Laid Off Workers Instead of Hiring New Ones When Job Opportunities Arise On July 13, 2021, Connecticut adopted a law that requires employers in the hotel, food service and building service industries to recall

Employers have much to think about nowadays in addition to running their businesses. While Health Care Reform (PPACA) passed in 2010, to add to the confusion many of the changes the law created have been delayed or amended. Employers who fall under the mandate will have new reporting requirements and potential penalties. Small employers may consider the benefits of purchasing in the SHOP exchange where they may qualify for the small business tax credit or disbanding their group plan and having employees purchase individual coverage potentially getting subsidies for premium and cost sharing expenses. Glandon Insurance can help you with exploring your options, keeping you in compliance or when considering self insurance.

Pay or Play (Employer Shared Responsibility)

The employer shared responsibility provisions (also known as “pay or play”) require large employers—generally those with at least 50 full-time employees, including full-time equivalent employees (FTEs)—to offer affordable health insurance that provides a minimum level of coverage to full-time employees (and their dependents) or pay a penalty tax if any full-time employee is certified to receive a premium tax credit for purchasing individual coverage on the Health Insurance Marketplace (Exchange).

The “pay or play” requirements are delayed until 2016 for employers with 50 to 99 full-time employees who certify that they meet certain eligibility criteria related to workforce size, maintenance of workforce and overall hours of service, and maintenance of previously offered health coverage.

Employer Liability for the Pay or Play Penalty

For 2016 (and, if applicable for employers with non-calendar year plans, any calendar months during the 2016 plan year that fall in 2017), an employer who is subject to the “pay or play” requirements will be liable for a penalty only if:

  • The employer does not offer health coverage or offers coverage to fewer than 70% of its full-time employees (and their dependents, unless transition relief applies), and at least one full-time employee receives a premium tax credit; or
  • The employer offers health coverage to at least 70% of its full-time employees (and their dependents, unless transition relief applies), but at least one full-time employee receives a premium tax credit, which may occur because the employer did not offer coverage to that employee or because the coverage the employer offered that employee was either unaffordable to the employee or did not provide minimum value.

After 2016, 95% should be substituted for 70% in the bullets above.

Small Business Health Care Tax Credit

Certain small businesses and tax-exempt employers that pay at least half of the premiums for employee health insurance coverage may be eligible for the small businesses health care tax credit. For tax years 2010–2013, the maximum credit is 35% for small business employers and 25% for small tax-exempt employers. For tax years beginning in 2014 or later, the maximum credit increases to 50% of premiums paid for small businesses and 35% of premiums paid for small tax-exempt employers.

For a quick look at the Small Business Tax Credit and eligibility:

Small Business Tax Credit Calculator