Issue Brief: ACA Employer Mandate Compliance in Participant Direction

Kate Murray authored this brief for NRCPDS FMS Membership at Boston College in December, 2014. This issue brief explores the legal ramifications of one proposed strategy to bypass the Affordable Care Act’s (ACA) Employer Shared Responsibility provisions within the context of participant direction. The ACA’s employer mandate requires employers of 50 or more full-time equivalent employees to offer health insurance to full-time employees or face penalties. Placing a cap on caregivers’ hours worked is one method some employers have proposed to avoid classifying caregivers as full-time employees.