Obamacare Delay Is A Relief For A Family Business

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Like businesses across the country, Angelos restaurant has been recovering from a miserable economy, a load of debt and a bottom line that until recently was the color of its special marinara sauce.

So owner Michael Passalacqua probably speaks for many when he expresses relief about the decision to delay enforcing the Affordable Care Acts requirement for employer health insurance until 2015.

Obamacare Delay Is A Relief For A Family Business

Angelo’s restaurant near Pittsburgh. The owner says of the mandate: “It’s nothing but a noose hanging right over my head” (Photo by Ed Rieker/for KHN).

That was one challenge he didnt need next year, he said. Hes glad for the extra time to figure out if the Washington, Pa., restaurant must conform to the health act and, if so, how.

Its nothing but a noose hanging right over my head, he said. If Ive got to come up with $50,000 a year to pay health costs, that is literally taking 75 to 80 percent of the small amount of profit that Ive been able to generate the last couple of years.

Until the Obama administration announced the delay this month, companies with at least 50 workers had to offer affordable coverage to full-time employees by 2014 or pay a substantial fine.

Most employers already provide health insurance, so the postponement will have little effect at most workplaces. But retailers, hotels, restaurants and other businesses that havent traditionally insured all employees are happy for the reprieve and even hope that Congress might still change or abolish the law.

Theres a sense of relief that they have more time to ascertain their options, said Roger Howell, an employee benefits consultant in Wilkes-Barre, Pa. A lot of employers are just starting to get their arms around the true meaning of this legislation.

The employer mandate is a major part of the health law along with expansion of the Medicaid program for the poor and a requirement that individuals obtain medical insurance. But defining who is a full-time worker under the employer requirements and what constitutes a 50-employee company proved far more complicated than many expected.

Passalacqua is confident that Angelos, off Interstate 70 south of Pittsburgh, has too few workers to fall under the employer mandate on its own. What he and his advisors arent sure about is whether the law requires those employees to be added to workers at other businesses owned by some of the restaurants investors, thus exceeding the 50-worker threshold.

If the answer turns out to be yes, he said hell either have to cut employees pay to cover insurance premiums or reduce their hours so they dont qualify for coverage as full-timers. But now the restaurant has another year to figure it out.

If Ive got a line cook making $16 an hour hes going to get $12 an hour and get health care, said Passalacqua. The money has to be made up somewhere.

Only about half a dozen senior Angelos employees have health insurance through the restaurant now, covering most of the cost through payroll deduction, he said.

Not all employers contemplating coverage expansion will necessarily delay, benefits experts said.

Some worry about confusing employees having them seek subsidized coverage directly from insurers next year and then giving them a company plan in 2015. While the requirement for employers to offer coverage is delayed, the requirement for individuals to get it is not.

Other employers may not want to waste preparations spent getting ready for 2014.

It tends to be the larger plans who have dedicated time and great expense to creating their system and fine-tuning their workforce who will be more likely to go ahead, said Neil Trautwein, benefits attorney for the National Retail Federation, in industry group. But I think the reaction is all over the map.

On the other hand, some employers fear losing a competitive edge if they expand coverage next year and rivals dont.

Ive heard companies saying: We were going to up our coverage, but now that theres this delay were reevaluating, said Steve Wojcik, vice president of the public policy at the National Business Group on Health, a group of Fortune 500 firms. If were the only ones who do this in our industry were going to have all these extra costs.

The nonpartisan Congressional Budget Office that the health act would have relatively little effect on job-based coverage in 2014. But analysts estimate that delaying the employer mandate will make millions more people eligible for coverage in online marketplaces known as exchanges next year.

Obamacare Delay Is A Relief For A Family Business

Businesses that don’t traditionally insure workers are happy for the health-mandate reprieve (Photo by Ed Rieker/for KHN).

If Angelos is an indication, many consumers may decide to pay the fine which starts at $95 next year, or 1 percent of household income, and rises to $695 in 2016, or 2.5 percent of household income instead of buying insurance.

Most of the people who work for me are under 30, and theyre not concerned about having health care, Passalacqua said.

Founded in the 1930s by Passalacquas grandparents, Angelos took on millions in debt to expand in 2008, just as the financial crisis hit. With an $800,000 annual payroll and a $300,000 annual mortgage payment, the establishment lost money until the economy began to recover and still turns a thin profit, he said.

Passalacqua said hed like to offer health coverage to all employees but on his terms, not Washingtons. Its the right thing to do, he said. But to afford it without cutting workers pay or hours, the restaurants sales need to rise from their present $2.5 million to around $3.5 million or so, he said.

He and other business executives would at least like Washington to change the definition a full-time employee who is owed insurance from one who works 30 hours weekly to one who works at least 35 hours. But they dont have much hope. Meanwhile hes not complying with the Affordable Care Act until he has to.

If I have to provide at this point a health plan for my full-time workers or pay the fine, Im in a lot of trouble, Passalacqua said.

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