HHS recently announced the 2020 Federal Poverty Level (FPL) guidelines which, among other things, establish the FPL safe harbor for purposes of the Affordable Care Act (ACA) employer mandate. For 2020, the FPL safe harbor is $103.99/month in the lower 48 states, $129.99/month for Alaska, and $119.64/month for Hawaii.
As a reminder, a plan can use poverty guidelines in effect within 6 months before the first day of the plan year for purposes of affordability. As the FPL guidelines were announced after the start of the calendar year, plans beginning on January 1, 2020 use $101.79/month for the lower 48 states ($127.14 Alaska and $117.19 Hawaii), which is 9.78% of the applicable 2019 FPL. The increased threshold applies to plan years beginning on or after
February 1, 2020.
Background
Large employers may be subject to the employer penalty under the ACA if they do not offer affordable, minimum value coverage to all full-time employees and at least one full-time employee receives a subsidy in the Marketplace. The FPL is relevant to this penalty in two ways:
1. Affordability Safe Harbor
For affordability purposes, a large employer satisfies the FPL safe harbor with respect to an employee for a calendar month if the employee’s required contribution for the large employer’s lowest cost self-only coverage that provides minimum value does not exceed 9.5% (as indexed) of a monthly amount determined as the FPL for a single individual for the applicable calendar year, divided by 12.
2. Subsidy Eligibility
An individual is only eligible for a subsidy in the Marketplace if he or she is within 100-400% of the FPL and is not offered affordable, minimum value group coverage.
The following are the 2020 HHS poverty guidelines:
Affordability Safe Harbor and Subsidy Eligibility 2019 Results
Based on new 2020 levels:
• For affordability safe
harbor purposes, the applicable FPL is the FPL for the state in which the
employee is employed. The FPL is $12,760 for a single individual for every
state (and Washington D.C.) except Alaska or Hawaii. So, if the employee’s required contribution
for the calendar month for the lowest cost self-only coverage that provides minimum
value is $103.99 (9.78% of $12,760/12) or less, the employer meets the FPL safe
harbor.
• For subsidy
eligibility purposes, the applicable FPL is the FPL for the state in which the
employee resides. 100 – 400% of the FPL is $12,760 – $51,040 for a single individual
and $26,200 – $104,800 for a family of four for every state (and Washington
D.C.), except Alaska or Hawaii.
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