Marketplace Subsidy Notices: What Employers Need to Know

“As promised by the Centers for Medicare & Medicaid Services (CMS) in late-2015, the Federally-Facilitated Marketplaces (FFMs) have started sending notices informing employers that employees have enrolled in a FFM and were determined eligible for premium subsidies. Because the employer shared responsibility penalties set forth in Sectioni 4980H of the Internal Revenue Code (the “Code”) could be triggered when at least one full-time employee obtains a premium subsidy in the Marketplace, an employer receiving one of these notices should understandably be concerned about the possibility of penalties. Nevertheless, these notices do not guarantee that a penalty will be assessed. Here’s what employers should know:” (Proskauer’s ERISA Practice Center)