The Department of Health and Human Services and the IRS have provided guidance stating that a health plan that does not cover substantial hospital and physician services will not provide minimum value, and cannot satisfy an applicable large employer’s obligation to provide health coverage to avoid the shared responsibility penalties.2
If an employee enrolls in a plan that does not provide minimum value, that employee is ineligible to claim the premium assistance tax credit even though the plan fails to provide the required coverage.
1. IRC § 36B(c)(2)(C)(ii).
2. Notice 2014-69, 2014-48 IRB 903.