Back in 2011, I mentioned a
(A) The rights of employees to preserve their right to confidentiality of their taxpayer return information and their right to enroll in a qualified health plan through an exchange if an employer does not provide affordable coverage.
(B) The rights of employers to adequate due process and access to information necessary to accurately determine any payment assessed on employers.
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How does an employer have access to information necessary to accurately determine any payment assessed, when the statute prohibits the agencies from sharing any taxpayer return information with the employer, except whether or not the employees income is above or below the threshold by which the affordability of the employers health insurance coverage is measured? The statute provides that whether or not the coverage is affordable is determined based upon household Modified Adjusted Gross Income, and I am not entirely sure what the threshold means.
There seems to be a presumption that the Internal Revenue Service is going to start assessing Section 4980H excise taxes against employers in mid-2016. But the Fifth Amendment to the Constitution prohibits the federal government from depriving persons of property without due process of law, and as the Supreme Court just reminded us in Hobby Lobby, employers are persons, too. Is it even possible to craft procedures that will protect employers rights in accordance with the Constitution and the provisions of the statute? I dont think so. If the Secretarys report was ever provided to the committees, that has not been publicized. And
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Ann Caresani, a partner Porter Wright Morris & Arthurs Cleveland/Akron, Ohio area, focuses her practice on employee benefits, ERISA and executive compensation. As editor of the firms employee benefits blog