The Affordable Care Act (ACA) brought a slew of requirements to employers, both those who provide health insurance for their employees and those who don’t. Complying with the requirements and reporting on how compliance is met makes following the ACA particularly cumbersome.
Most of the ACA’s requirements affect employers with an average of at least 50 full-time employees (or full-time employee equivalents) during the calendar year. Referred to as Applicable Large Employers (ALEs), these employers are in effect subject to an additional tax referred to as the Employee Shared Responsibility Payment if they do not offer adequate and affordable coverage to their employees and at least one employee enrolls in the ACA’s Health Insurance Marketplace. Controlled entities are considered in the aggregate when determining ACA eligibility.