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2025 Federal Poverty Levels Released, Affecting Pay-or-Play Rules

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The U.S. Department of Health and Human Services (HHS) annually updates federal poverty levels (FPLs) to determine program eligibility. For 2025, the FPL is $15,650 for individuals in the contiguous U.S. and D.C., and $19,550 for Alaska and $17,990 for Hawaii.

FPLs may affect an applicable large employer’s (ALE) liability under the Affordable Care Act's "pay-or-play" rules by determining health plan affordability and eligibility for premium tax credits. An ALE faces penalties only if a full-time employee receives a premium tax credit, which they can't get if eligible for affordable employer coverage.

To avoid pay-or-play penalties, ALEs must ensure their health coverage is affordable before each plan year. ALEs using the FPL safe harbor for affordability must apply FPL guidelines effective within six months before the plan year starts. For calendar-year plans, apply the 2024 FPL guidelines for 2025; non-calendar plans can use 2025 guidelines. Download the bulletin for more details.

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National Insurance Services is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Readers are advised to consult with their own attorney for a determination of their legal rights, responsibilities and liabilities, including the interpretation of any statute or regulation, or its application to the readers’ business activities.

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Nancy Bushard

Nancy Bushard

Nancy Bushard is a firm believer that hard work pays off. True success to her is about providing efficient service and valuable solutions while continually building, refining, and doing the work. Her organized, motivated, and friendly demeanor makes her a great advocate for her customers. As an Account Manager, Nancy works with public sector organizations in Minnesota on their health insurance, wellness plans, benefit communication and retirement incentives. She oversees new client implementation and meets directly with clients to explain their benefits. Nancy has a strong background in customer service and risk analysis and has been working with employee benefits since 2004.