Employers looking to appeal possible penalties under the Affordable Care Act can now download an appeal form and related documents from the website of Access Health, the state’s health insurance exchange.

Some Connecticut employers (large and small) have received letters from Access Health saying that an employee of theirs received a tax credit through the exchange. 

The letters to employers are generated if an employee reports to the exchange (either on purpose or by mistake) that their employer did not offer minimum, affordable coverage. 

Individuals are only eligible for tax credits if they meet the applicable income criteria and are not offered affordable minimum coverage by their employer. 

Employers may want to appeal the tax credit awarded to their employees because certain employers will be subject to penalties if the credit was awarded in error.  The final determination will be made by the IRS.

If you have fewer than 50 employees, you are not subject to any penalties. 

The appeal form can be found here.

If you have questions about counting employees or other ACA rules, information can be found at CBIA’s Healthcare Resource Center.

As a reminder, the appeals process is still subject to public comments--due by March 5.  Please send any comments to CBIA’s Jennifer Herz at 860.244.1921 | jennifer.herz@cbia.com | @CBIAjherz