This post was also written by Allison Warden Sizemore.
On January 2, 2013, the Internal Revenue Service (IRS) published a notice of proposed rulemaking and notice of public hearing regarding implementation of an ACA “shared responsibility” provision that requires certain large employers (generally 50 full-time employees and full-time equivalents) to offer minimum essential health coverage to their full-time employees and dependents or pay a penalty, beginning in 2014. The proposal addresses, among other things, rules for: determining status as an applicable large employer; determining full-time employee status; determining whether an employer is subject excise tax; evaluating affordability and minimum value of coverage; and the administration and assessment of penalties. Comments on the proposed regulations are due by March 18, 2013. The IRS also provided notice of an April 23, 2013 public hearing on the proposed regulations. The IRS has posted additional information regarding the proposed rulemaking.