Henry Smith posted an interesting and relevant piece in the ASAE Resources section yesterday about the new regulations that association employers will be responsible for under ACA implementation. Smith is an employee health benefits attorney with Smith & Downey, P.A. Smith’s post stresses that penalties for not complying with the ACA are severe, so association executives must to be familiar with their responsibly as employers.
Smith’s post includes a list of the specific provisions that are already in effect, as well as the provisions that will go into effect in 2014. Rules range from a ban on lifetime coverage maximums on essential health benefits to prohibition of pre-existing condition limits for children under the age of 19 are included.
One important point made by Smith is that many associations will have more narrow responsibility due their small size and specific healthcare plan. Associations that have “fully ensured employee healthcare plans,” will have fewer compliance issues, as the burden falls on the insurance carrier in this instance. Additionally, associations with 50 or fewer full-time equivalents (FTEs) do not meet the threshold to be responsible for many of the provisions in the law.
If your association is larger than 50 FTEs, then regulations are determined by if your health plan is grandfathered, meaning it has not changed in specific ways since March 23, 2010.
Finally, Smith stresses the message that association employers should start a dialogue with their health plan administrators to make sure they are in compliance now and throughout the end of ACA implementation. Read Smith’s post on the ASAE website here.