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  • Writer's pictureHoward Deihl

2022 Affordable Care Act Penalties and How Employers and Employees Are Being Affected

The Affordable Care Act (ACA), commonly known as Obamacare, has been a topic of debate and discussion since its inception in 2010. One crucial aspect of the ACA is the requirement for employers to offer affordable health insurance coverage to their employees.

In recent years, there have been significant changes and updates regarding the penalties associated with non-compliance. In this blog post, we will explore the 2022 Affordable Care Act penalties and how they affect both employers and employees.

Background on the Affordable Care Act

The Affordable Care Act was enacted with the primary goal of increasing the number of Americans with access to affordable healthcare. Under the ACA, employers with 50 or more full-time employees (or the equivalent in part-time employees) are mandated to provide health insurance coverage to their workforce. This requirement is known as the Employer Shared Responsibility provision.

2022 Penalties for Employers

For employers failing to comply with the ACA's Employer Shared Responsibility provision, penalties can be significant. In 2022, penalties are determined based on the number of full-time employees an employer has and whether they offer minimum essential coverage to at least 95% of their full-time workforce. Let's delve into the penalties employers may face:

1. No Coverage Offered: If an employer does not offer health insurance coverage to at least 95% of their full-time employees and their dependents, they may be subject to a penalty. In 2022, the penalty is calculated by multiplying the number of full-time employees (minus 30) by $2,700.

2. Inadequate Coverage: Even if an employer offers coverage to the majority of their full-time employees, they may still face penalties if the coverage offered does not meet the ACA's affordability and minimum value requirements. The penalty for offering coverage that is deemed unaffordable or does not provide minimum value is $4,060 per employee receiving a premium tax credit through the Health Insurance Marketplace.

Reporting Requirements for Employers

To enforce the ACA's provisions and determine penalty assessments, employers are required to report certain information to the Internal Revenue Service (IRS). The following are the key reporting requirements for employers:

1. Form 1094-C: Employers are required to file Form 1094-C, also known as the Transmittal of Employer-Provided Health Insurance Offer and Coverage Information Returns, with the IRS. This form provides an overview of the employer's health insurance coverage offer to its full-time employees.

2. Form 1095-C: Employers must also provide Form 1095-C, Employer-Provided Health Insurance Offer and Coverage, to each full-time employee. This form outlines the details of the health insurance coverage offered, if any, and is used by employees when filing their individual tax returns.

Impact on Employees

The penalties imposed on employers under the ACA have direct consequences for employees as well. If an employer fails to offer affordable health insurance coverage or coverage that meets the minimum value requirements, employees may seek alternative options, such as purchasing coverage through the Health Insurance Marketplace or qualifying for premium tax credits. However, it's important to note that employees may face their own penalties if they choose not to have health insurance and do not qualify for an exemption.


The 2022 Affordable Care Act penalties for employers highlight the importance of compliance with the ACA's Employer Shared Responsibility provision. Employers must offer affordable health insurance coverage to their full-time employees and meet reporting requirements to avoid significant financial penalties. The penalties also have an impact on employees, who rely on their employers to provide access to affordable healthcare. Understanding and adhering to the ACA's regulations is crucial for both employers and employees, ensuring the provision of quality healthcare for all.


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