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"Employers who provide health insurance that is unaffordable for some of their employees—that is,
insurance with premiums that would cost the employee more than 9.8 percent of their income, a
level that is likely to be exceeded for a substantial number of workers who are poorly compensated
by their employers—will also have strong incentives to free ride. These employers will have the
same incentive as those who do not offer any health insurance to reduce the number of full-time
workers and increase the number of part-time workers.
Because their assessment is based on the
number of full-time employees who receive premium tax credits for insurance purchased through
the exchange, these employers will also have an incentive to employ workers who are likely to be
eligible for Medicaid (ones with incomes under 133 percent of poverty) rather than workers who are
likely to be eligible for a premium tax credit (between 133 and 400 percent of poverty). While it
would be difficult (and almost certainly illegal) for employers to base hiring or firing decisions on a spouse’s income, low-wage employers could, on average, reduce their assessments by paying low....
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"the Senate bill would create an incentive for employers to free ride by increasing the
number of people they employ in the “no-responsibility” categories and reduce the number of
people they employ in the single “responsibility” category (full-time employees with a family income
between 133 and 400 percent of the federal poverty line). The House does not create this kind of
incentive for employers to free ride.
The nature and extent of the free-rider incentive in the Senate bill would depend on whether or not
the employer provides affordable health coverage to their employees. For employers who do not
provide any health coverage, the most troubling incentive would be to reduce the amount of their
assessment by reducing the share of their employees who work full time and increasing the share
working part-time. "
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http://www.cepr.net/documents/publications/free-ride-2009-12.pdfResearch conducted on Hawaii’s employer mandate, which was limited to
employees working more than 20 hours a week, suggests that “employers’ primary response to the
mandate was increased reliance on the exempt class of
workers …”5 The House bill
avoids creating this kind of perverse incentive by ensuring that employers are responsible for all
employees, not just those working above an hourly threshold set by the employer.
Employers who provide health insurance that is unaffordable for some of their employees—
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http://www.cepr.net/documents/publications/free-ride-2009-12.pdf