What about employees who may be covered under a spouse’s plan, is there still a penalty for employees who have opted out of the company plan ?
The employer mandate requires only that coverage be “offered” to employees and their dependents. We interpret this to mean that if such coverage is offered and an employee declines it, there is no penalty if the employee obtains coverage. We will not have a definitive answer to this question until HHS issues rules to implement the program. We do note that the statute requires HHS to establish procedures for participating employers.