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Rumours abound that firms might replace full-time workers with part-timers, simply to avoid Obamacare's reporting requirements and penalties.The White House's decision to delay these fines, euphemistically called "shared responsibility payments", may be a sign of wise administrative flexibility.
That means it is spending £973,360 a year on temporary replacements and "responsibility" payments to the 15 GPs – extra payments on top of their salaries to reflect their extra duties in relation to the CCGs.
An amicus brief from America's Health Insurance Plans, the trade association of America's health insurance industry, makes the companies' position clear: Premium tax credits (and the related shared responsibility payments) are essential components of an actuarially-viable marketplace because of their integral relationship to the ACA's market reforms.
Under Obamacare, companies with at least 50 full-time employees are required to provide qualifying health benefits to workers or face financial penalties called "shared responsibility payments".
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Under this option, the company will probably have to pay the mandated "employer shared responsibility payment" to the government.
Rather, those who don't carry insurance must pay a "penalty", which the law also called a "shared responsibility payment".
Writing for a 5-4 maJustice Justice Roberts wrote that since this was going to be collected by the Internal Revenue Service, and it was not a criminal offence to forgo health insurance (you could simply pay the "shared responsibility payment" instead), there was no mandate in the first place, merely a "tax".
It was widely recognised that had the ACA explicitly phrased the "shared responsibility payment" as a tax rather than a penalty, it would have been clearly constitutional for the same reasons established in the fight over the constitutionality of Social Security in 1937, grounded in the federal government's authority to tax and to spend for the improvement of the general welfare.
This means I am now in a position where I cannot afford to take a head of department job because my responsibility payment is so good that even though this would mean a promotion I'd have to take a pay cut".
"Today's final regulations phase in the standards to ensure that larger employers either offer quality, affordable coverage or make an employer responsibility payment starting in 2015 to help offset the cost to taxpayers of coverage or subsidies to their employees," said assistant secretary for tax policy Mark Mazur.
The complicated official name for this is the "individual shared responsibility payment".
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