Affordable Care Act

Our Affordable Care Act (ACA) Team regularly advises employers of all sizes, as well as insurance companies and third-party administrators, with respect to an array of compliance issues arising under the ACA, including the Employer Mandate, Applicable Large Employer reporting requirements, group health plan market reforms, avoiding compliance penalties, federal and state exchanges and tax implications. Because of their unique experience and in-depth knowledge, our attorneys are often asked to write articles and present seminars on ACA issues.

• Our team presented a full-day seminar on the ACA for over 200 attendees responsible for employer-sponsored health plan in June 2010, within weeks of the ACA’s enactment.
• We have advised many Applicable Large Employer clients in a wide range of industries including for-profit, non-profit and governmental entities in:
  • Drafting company ACA policies;
  • Developing strategies for minimizing Employer Mandate penalties, including  evaluating and establishing look-back/measurement periods to identify full-time employees;
  • Evaluating the affordability of health plans;
  • Assessing the availability of transition relief and delayed effective dates;
  • Understanding and complying with ACA reporting requirements;
  • Understanding and complying with association health plan rules and regulations;
  • Dealing with seasonal employees; and
  • Dealing with leased employees or temporary employees.     
• We also advised insurers and third-party administrators as they assisted their employer-sponsored clients with addressing the impacts of the ACA on employers. This included preparing summaries of recent guidance for distribution to their clients, planning strategies for handling guidance inquiries from their clients, and advising on requirements specific to insurers and third-party administrators under the ACA.