Employers Should Move Ahead Despite ACA Questions

Jolie Havens, a partner in the Vorys Columbus office and chair of the firm’s health care group, authored an article for Columbus C.E.O. titled “Employers Should Move Ahead Despite ACA Questions.” In the article, Havens indicates that Ohio employers are wondering whether recent court decisions give them a reprieve from preparing for the Affordable Care Act’s (ACA) employer penalties.  She says that, at this point, the decisions do not offer employers a reprieve.

The article states:

“First, the D.C. Circuit decision is jurisdictionally limited and has not yet taken effect. Whether it will be upheld on appeal or gain broader acceptance is unknown.

Second, broader implementation of the decision carries potentially massive consequences in states with Federally-Facilitated Marketplaces. Because employer penalties are triggered only when one or more full-time employees obtains subsidized marketplace coverage, elimination of subsidies in states with Federally-Facilitated Marketplaces would eliminate employers’ penalty exposure in those states.

While this outcome may be attractive to single-state employers, multi-state employers are likely faced with the same old headaches and perhaps a few new ones.”

To read the entire article, visit the Columbus C.E.O. website.