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Federal Healthcare Employer Mandate Delayed: Now What?

By Kevin Adler
August 02, 2013

With a one-year reprieve from the implementation of the employer mandate under the Affordable Healthcare Act (ACA; www.healthcare.gov/law), announced by the Obama Administration in early July, franchisees and small franchisors can breathe a sigh of relief. Over the next few months, they will not have to determine if they are covered by the employer mandate, select an insurance plan, and figure out which employees are covered ' nor will they have to set aside funds to pay penalties if they choose not to offer insurance. The delay was first announced by Mark Mazur, assistant treasury secretary for tax policy, on his blog on July 2 (see, “Continuing to Implement the ACA in a Careful, Thoughtful Manner,” Treasury Notes, and then formally announced by the IRS on July 9 'see, “Affordable Care Act Tax Provisions,” IRS.gov). However, the one-year delay is not a repeal of ACA, so the question for business owners is how can they use the upcoming year most effectively to prepare for the law.

Attorneys and employee-benefits experts say that the delay will have positive effects for business owners, but they caution that the time should not be wasted. “For small-business owners, such as franchisees, the delayed implementation of the employer mandate is good news,” says Stephanie Vasconcellos, an associate with Neal Gerber & Eisenberg in Chicago. “It gives them time to implement systems for tracking employees and hours and to research how to purchase cost-effective health insurance for full-time employees.”

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