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Employer mandate with respect to union (multiemployer) plans


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Are the following correct:

Employers have to count union employees when determining their responsibilities/penalties under Obamacare?

The union H&W plan has to provide minimum health benfits, have 60% minimum actuarial value and be affordable to enable the employer to avoid penalties?

Thanks

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Are the following correct:

Employers have to count union employees when determining their responsibilities/penalties under Obamacare?

The union H&W plan has to provide minimum health benfits, have 60% minimum actuarial value and be affordable to enable the employer to avoid penalties?

Thanks

Yes because PPACA does not draw a distinction between union and non-union. Other than some minor Grandfathering issues, all of PPACA applies to union plans.

By the way, Union H&W plans have concerns about PPACA. Their concern is that their membership would leave their plan and go to the Exchange. These types of plans are usually closed to non-union members and as such cannot participate in the Exchange. It will be interesting to see if some accommodation is made. Just some food for thought.

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