ACA Employer Mandate. For purposes of complying with the employer shared responsibility provisions of the ACA, as set forth under Section 4980H of the Internal Revenue Code and the guidance issued thereunder, as amended from time to time (the “Employer Mandate”), bargaining unit employees who do not satisfy the eligibility criteria outlined in this Agreement to participate in a group health plan offered by the Hospital that is subject to the Employer Mandate, but who must be offered coverage under such a group health plan in order to avoid a penalty under the Employer Mandate, may be offered the opportunity to participate in such a group health plan. Bargaining unit employees in this classification will be required to pay the full cost of coverage under the group health plan.
ACA Employer Mandate. The Company and its group health plans have at all times complied in all material respects with the requirements of Code Section 4980H and the Affordable Care Act (“ACA”), including IRS Notice 2013-54, to the extent required to avoid the adverse Tax consequences thereunder, and the Company is not otherwise liable or responsible for any assessable payment, Taxes or penalties under Section 4980H of the Code or under the ACA or in connection with requirements relating thereto.
