December 21, 2012

From Bloomberg BNA, Benefits Practice Resource Center

by Florence Olsen

Employers in low-wage industries that rely on variable-hour and seasonal workers may find ways to avoid paying penalties and offering health insurance benefits under the Affordable Care Act, practioners familiar with those industries told BNA. 

Congressional Intentions

Congress intended the health care law to help two types of workers obtain essential, affordable health benefits: those who are uninsured because their employers do not offer health benefits and those whose employers offer health benefits that are unaffordable under ACA's rules. Some practioners are pessimistic about whether the law can change economic factors that cause many variable-hour, low-wage, and seasonal workers to seek medical care from hospital emergency physicians instead of primary care doctors.

"I don't see how that's going to change, except for employees who qualify for Medicaid," attorney Henry Talavera, a shareholder at Polsinelli Shughart in Dallas, told BNA Dec. 19. "There will likely be substantial numbers of low-wage employees who are not and will not be Medicaid-eligible, particularly in states which do not create state exchanges, and that's something the government will need to address," he said.

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Reproduced with permission from:

Pension & Benefits Daily, 39 BPR 2297 (Dec. 19, 2012).

Copyright 2012 by The Bureau of National Affairs,

Inc. (800-372-1033) <>

About Henry Talavera

Henry Talavera is a member of the Employee Benefits and Executive Compensation practice group. Henry has a broad-based, comprehensive practice which involves all areas of employee benefits law. He advises public, private, and tax-exempt employers on the design, implementation, and administration of all types of welfare plans and tax-qualified retirement plans (including defined benefit, 401(k), 403(b) and 457(b)). Henry has substantial experience working on executive compensation and employment agreements, including equity compensation and deferred compensation arrangements for partnerships. Henry represents clients before the IRS and U.S. Department of Labor with respect to employee benefit plan audits and voluntary correction procedure filings, and drafting and negotiating terms of merger and acquisition agreements. Henry also has extensive experience counseling clients with respect to Federal health care and related laws impacting an employer’s medical plans, including, but not limited to, HIPAA privacy.
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