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No Statute of Limitations for ACA Pay or Play Penalties

Legislative Alert

1 minute read

The IRS has clarified that there is no statute of limitations on pay or play penalty assessments under the Affordable Care Act (ACA). A statute of limitations usually sets a maximum time limit for parties to take legal action. Because there is no time limit, the IRS can assess penalties for an applicable large employer’s (ALE) noncompliance years after the violation occurred.

Pay or play, otherwise known as the employer mandate, imposes penalties on ALEs if they don’t offer affordable health insurance coverage and provide minimum value to 95% of their full-time employees.

To avoid penalties, employers should ensure that they are complying with the rules for each applicable year.

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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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Aaron Casper

Aaron Casper

Aaron A. Casper, Employee Benefits Consultant at NIS (National Insurance Services), understands the unique way governmental organizations operate, manage risk and develop budgets; hence, he delivers reliable solutions for his clients without short cuts or temporary fixes. Aaron advocates for his clients and prides himself on building authentic relationships, even passing up potential short-term opportunities if it doesn’t make long-term sense for his clients. His straightforward nature, integrity and astute sense of humor are why his customers consider him a valued strategic resource. Aaron Casper is a licensed insurance agent. He specializes in health insurance consulting for Minnesota schools, cities and counties including fully insured, self-insured, and stop-loss plans. Additionally, he has experience implementing OPEB liability reduction strategies as well as ensuring his clients are ACA compliant.