Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

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.”

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The Bankruptcy Hotline Image

Recent cases of importance to your practice.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

How AI Has Affected PR Image

When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.