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If an applicable large employer offers health coverage that is affordable and that provides minimum value to its full-time employees and offers health coverage to the dependents of those employees, will it be subject to a penalty if some of its employees don’t enroll in the coverage and purchase health insurance through the Exchange or if some of its employees enroll in Medicare or Medicaid?
As long as an applicable large employer offers affordable and minimum value coverage to substantially all of its full-time employees and their dependents, the employer will not be subject to a penalty. Moreover, an applicable large employer will not be subject to a penalty solely because one, some, or all of its employees purchase health insurance coverage through the Exchange or enroll in Medicare or Medicaid. An employer will only be liable for a penalty if at least one full-time employee receives a premium tax credit on the Exchange. In general, an employee will not be eligible for a premium tax credit if the employer has offered that employee health coverage that is affordable and provides minimum value, even if that employee rejects the offer of coverage and instead enrolls in coverage through the Exchange or enrolls in Medicare or Medicaid. If no full-time employee receives a premium tax credit, the employer will not be subject to a penalty.
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