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Affordable Care Act, Large Employers, and TimeClock Plus The Affordable Care Act, Large Employers, and TimeClock Plus employers as well as the time and attendance software industry. This document is not an endorsement or condemnation of the ACA, but merely a look at how employers will adjust to the upcoming changes in policy as well as how they can utilize TimeClock Plus to alleviate the added demands on their administrative staff. Introduction The Patient Protection and Affordable Care Act (hereafter ACA or “the act”) is a comprehensive federal statute for health care reform signed into law by President Barack Obama on March 23, 2010. The act introduces a sweeping set of changes to the health insurance industry for insurance providers and employers to be implemented in stages until 2020. While the complete text of the ACA comes out to 1,990 pages, this white paper will focus primarily on Section 4980H, “Shared Responsibility for Employers Regarding Health Coverage” (hereafter § 4980H). Background The ACA is a tremendously complex document that almost immediately faced a major legal battle that culminated in the Supreme Court hearing National Federation of Independent Business v. Sebelius, No. 11-393 in June of 2012. As a result, many businesses delayed enacting policy to ensure ACA compliance. However, the Supreme Court upheld the majority of the law, and both policymakers and employers were faced with a struggle to implement provisions to the law as they were being written. Below are the major components of § 4980H provides an in-depth summary of the sweeping changes large employers (defined as those that employ more than fifty full-time employees in any given year) will have to make by the beginning of 2015. This paper will examine the implications that the ACA and § 4980H in particular will have on Affordable Care Act and Large Employers © Data Management, Inc. All Rights Reserved. This document is confidential and shall not be duplicated, published or disclosed, in whole or in part, without prior written permission of Data Management, Inc. This documentation is subject to change without notice. Rev. 7/24/13 1 Affordable Care Act, Large Employers, and TimeClock Plus and salaried employees can each have separate periods though these periods must be consistent for every employee in the category). § 4980H and how they pertain to large employers. § 4980H Summary The major components of § 4980H will be implemented in 2015, at which point all full-time employees (those that work an average of over thirty hours in a week or 130 hours a month) must be offered health insurance coverage by their employer. Employees who are hired as full time must be offered benefits within 90 days. Variable Hour Employees (employees that are not classified on hire as either full or part-time) must be assessed and determined to be full or part-time at the end of each measurement period. Seasonal employees are considered full-time for the purposes of determining employer status if they work an average of 130 hours in a calendar month for over four months in a year. The measurement period is a length of time between three and twelve months which employers will use in order to determine whether or not Variable Hour Employees are eligible for coverage. The stability period is a length of six, nine, or twelve months during which employees that were determined to be full-time during the measurement period must be offered benefits. The administrative period is a length of up to ninety days, during which the employer has time to determine employee eligibility and offer benefits. Potential Fines and Risks Employers that do not provide coverage for 95% of their full-time employees face an annualized penalty of $2,000 per fulltime employee over thirty if an employee without coverage receives it through the state or federal exchange. In addition, if an employee declines coverage for a number of reasons, such as expense (in most cases, over 9.5% of the Full-Time Employee Determination Beginning in 2015, a large employer must define measurement and stability periods for their employees, with an optional administrative period. These periods can be set separately for each category of employee (e.g. hourly Affordable Care Act and Large Employers © Data Management, Inc. All Rights Reserved. This document is confidential and shall not be duplicated, published or disclosed, in whole or in part, without prior written permission of Data Management, Inc. This documentation is subject to change without notice. Rev. 7/24/13 2 Affordable Care Act, Large Employers, and TimeClock Plus employee’s hours across the entire measurement period. If the company does not want Variable Hour Employees to be classified as fulltime, it must ensure that each individual employee does not work over an average of 30 hours a week or 130 hours in a calendar month over the course of the measurement period. Failure to properly track the hours of Variable Hour Employees can lead to the fines mentioned above and a possible audit. employee’s W-2 income for employee coverage), the employer will face an annualized penalty of $3,000 per employee that declines coverage and later gets affordable coverage from the state or federal exchange. Examples: The Example Corporation has 100 full-time employees and 80 seasonal employees. At the conclusion of the measurement period, it is determined that 50 of the seasonal employees have worked enough hours to be classified as full-time. Should Example Corporation choose not to provide insurance to their full-time employees, the company will face an annualized fee of $240,000 ($2,000 multiplied by 120, or the amount of full-time regular and seasonal employees minus thirty). How TimeClock Plus Solutions Can Help With the Benefit Status Monitor for TimeClock Plus, employers can keep track of parttime and full-time employees to assist with ACA compliance. Below are major components of the module as well as ways that employers can utilize the software to mitigate the risk in managing Variable Hour Employees. If Example Corporation offers insurance that the employees are unable to afford, and fifty eligible employees later obtain insurance through the state or federal exchange, Example Company will face an annualized fee of $150,000 ($3,000 multiplied by the fifty employees that purchased exchange insurance). Employee Hour Reporting The Benefit Status Monitor for TimeClock Plus gives employers have the ability to flag employees as full-time or part-time/variable hour within the program, as well as define It is the employer’s responsibility to keep track of each Affordable Care Act and Large Employers © Data Management, Inc. All Rights Reserved. This document is confidential and shall not be duplicated, published or disclosed, in whole or in part, without prior written permission of Data Management, Inc. This documentation is subject to change without notice. Rev. 7/24/13 3 Affordable Care Act, Large Employers, and TimeClock Plus week, month, or measurement period. The amount of time necessitating a report can be set on each individual employee. These alerts will allow managers to make informed decisions on the fly in regards to workforce management by ensuring that there are enough employees available while smartly managing hours to keep under the measurement threshold. a measurement period. Once employees have been defined, the software will allow managers to instantly generate reports that show how close an employee is on their hours. The report will also feature a cumulative total for hours across the measurement period, allowing managers ultimate flexibility in scheduling employees while making sure they do not go over an hourly threshold. With the Benefit Status Monitor for TimeClock Plus, companies have the opportunity to see a considerable return on investment as they have access to the cumulative total of hours worked for each part-time employee. This information gives an employer ultimate flexibility in scheduling their employees while making sure they stay under the average of thirty hours in a week. This could negate the need to hire too many part-time employees in order to ensure you have proper employee coverage. This could also lead to reduced overhead and HR workload as employers are able to smartly manage their workforce off of one easy to read report. These reports serve two major functions – managers can see when part-time or variable hour employees are coming close to the hour threshold as well as receive a report on full-time employees who are under on hours and may no longer require benefit coverage. This will prevent the need to manually determine eligibility on an individual level at the end of the measurement period and allow managers to smartly utilize their employee hours. Text and E-mail Alerts The Benefit Status Monitor will allow users to send out regular text and e-mail alerts to managers when an employee is coming close to their hourly threshold across the Affordable Care Act and Large Employers © Data Management, Inc. All Rights Reserved. This document is confidential and shall not be duplicated, published or disclosed, in whole or in part, without prior written permission of Data Management, Inc. This documentation is subject to change without notice. Rev. 7/24/13 4 Affordable Care Act, Large Employers, and TimeClock Plus comply or correctly categorize an employee can lead to steep fines and possible audits. With the Benefit Status Monitor for TimeClock Plus, companies will have instant access to this employee information and can make smart scheduling decisions to make sure the right employees get the correct hours. Conclusion As January 1st approaches, every company faces a number of unique challenges in policy implementation. Companies that do not use an automated timekeeping solution will be forced to manually track employee hours across their measurement period. Failure to Affordable Care Act and Large Employers © Data Management, Inc. All Rights Reserved. This document is confidential and shall not be duplicated, published or disclosed, in whole or in part, without prior written permission of Data Management, Inc. This documentation is subject to change without notice. Rev. 7/24/13 5