Compliance
2025 4980(a) Penalty
Employers failing to offer Minimum Essential Coverage to 95% of fill-time employees and dependents may face significant penalties. The 4980H(a) penalty, also known as the”hammer penalty,” is applied as a pass/fail measure. If coverage isn’t provided to 95% of full-time employees, the penalty applies to entire full-tie workforce, excluding the 30-employee exemption.
2025 4980H(b) Penalty
Unlike the 4980H(a) penalty, 4980H(b) penalties are assessed per violation. An employee must first receive inadequate coverage and then qualify for a Premium Tax Credit from a state or federal marketplace, triggering a 4980H(b) violation and a possible Letter 226J penalty.
The IRS enforces a 4980H(b) penalty if an employer offers full-time employees coverage that is unaffordable, does not need Minimum Value, or both. A Premium Tax Credit abtained by at least one employee from a state or federal health exchange indicate non-compliance with the ACA’s Employer Mandate.
Smart Choices Health is a leader in affordable solutions for employers required to meet these mandates.