The Supreme Court has upheld the constitutionality of the
2010 health care reform legislation, but what does that mean for small
businesses? What is the employers “shared responsibility” or the
“employer mandate”? First, the employer mandate only applies to “large
employers” with 50 or more full time employees. Full time meaning
employed on average 30 hours per week. Second, it only applies to these
employers with who either do not offer full time employees the
opportunity to enroll in minimum essential coverage under an
employer-sponsored plan, or offers a health plan that is unaffordable or does
not provide minimum value. For small businesses with less than 50
full time employees there is little “required” change from this health care law.
Small employers, as part of the health care reform, with 25
or fewer full time equivalent employees are eligible for the Health
Insurance Tax Credit. This credit is up to 35% (25% for tax exempt
organizations) of the health insurance premiums paid by the employer. The
credit is scheduled to increase to 50% (35% for tax exempts) in 2014.
However, along with the increase in credit, the employer must
participate in a health care exchange to be created as part of the health
reform. The Supreme Court ruling has given the states the option to “opt
out” of building health care insurance exchanges. In a recent statement,
Governor Rick Scott said Florida would opt out of building an insurance
exchange. We will have to “stay tuned” to see what happens next.
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