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Marketplace 90 Days Appeal Notice Guidance

Aug 18, 2016

Employers may receive notices from the Marketplaces indicating that they may be subject to the shared responsibility payment because an employee requested and received a subsidy. Employers have a short window of 90 days to respond and provide documentation if they wish to appeal information in the notice, so it is important to act quickly. 

Starting in 2016, under the ACA, certain employers with 50 or more full-time employees or full-time equivalents must offer health insurance coverage to their full-time employees and dependents. The health plan offered must meet minimum standards for coverage, provide minimum value and be affordable. Otherwise the employer may be subject to a penalty.

How to Appeal
The notice outlines the actions and timetable an employer has to respond if they wish to appeal. There is only 90 days from the date of the notice the employer receives from the Marketplace to request an appeal. And, there is only one opportunity to appeal.

Employers should follow instructions for how to respond or appeal that accompany the notice. Or employers may access the appeal request form or obtain additional information here.

For questions, please ​contact a member of your b&p Sales Team - 888.722.3373.

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