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Patient Protection and Affordable Care Act Alert: Issue 4 – How do you determine if your business is subject to the "pay or play" penalties?

This is the fourth Alert in a series designed to help employers understand and address the effects of Health Care Reform on your business so you are in the best position to make decisions in response to these new requirements. Our first Alert dealt with the implementation of the new health flexible spending account limits; our second Alert provided guidance on reporting the cost of health care coverage on Form W-2; and our most recent Alert provided a step-by-step process for determining if your business will be an “applicable large employer” subject to the employer shared responsibility (“pay or play”) requirements in 2014.

At this point, most of the regulatory guidance needed has either not yet been issued or has only been issued in proposed form. Therefore, we will provide the best possible guidance based on existing knowledge.