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In 2014, if an employee wants to go to the Exchange to purchase a cheaper plan and get the premium tax credit and cost-sharing reductions, will the company be fined?
The Affordable Care Act does not require small employers to offer health care coverage. Employers with 1-50 eligible employees will not be subject to penalties for not providing health coverage.
Large employers, which are employers with an average of at least 50 full-time employees (including full-time equivalents) on business days during the preceding calendar year, must offer its full-time employees (and dependents) the opportunity to enroll in minimum essential coverage under an employer-sponsored plan that is affordable and provides minimum value or face a penalty if a full-time employee is certified to the employer to receive an applicable premium tax credit or cost-sharing reduction through the Marketplace.
For employer with 100+ employees (including FTEs) no penalty will apply during 2014 or any calendar month during the portion of the 2014 plan year that falls in 2015. For employers with 50-99 full-time employees (including FTEs), no penalty will apply during 2015 or any calendar month during the portion of the 2015 plan year that falls in 2016.
There may be a more recent answer to this question. Contact Claremont for an update.