A
Guide for Artists Run Spaces, Organizations, and Small Businesses
(this page was updated 10/21/11)
The
Massachusetts Health Care Reform Law has created new responsibilities
for non profits organizations, for profit arts organizations, and arts
related businesses. If
you are an all volunteer organization and do not pay anyone for their
services (i.e. you don't have a paid staff, contract staff, or paid
seasonal temporary staff) chances are your organization is not going
to have that many new responsibilities under this new law. As of yet you do not have to file new state paper work stating
you do not have any employees. See also the Connectors' FAQs for employers.
It
is important for all employers to know that most Massachusetts individuals
18 or older, under the health care reform law's the
individual mandate
,
will have to prove on their State income taxes that they have
had health insurance coverage to avoid the financial penalties of the
law. Every employer should familiarize themrself with the Independent
Contractor 2004 law change, and what the new requirements are for
those employers
with part time employees, seasonal employees and/or temporary employees.
As an employer you need to know about the state's
Minimum Creditable Coverage Requirements (MCC)for health
insurance.
There
are some key agencies and their "nicknames" employers need
to know: the Massachusetts Health Connector (the Connector), the Division
of Unemployment Assistance (DUA), the Division of Health Care Finance
and Policy (DHCFP), the Department of Revenue (DOR), and MassHealth.
*DO NOT CALL DUA'S HELPLINE FOR ASSISTANCE -We have documented proof that calling the DUA helpline for Fair Share Contribution (FSC) help in filling out the online forms or for general FSC questions triggers an audit and information gathered on such calls to the helpline is used as evidence in a DUA FSC audit/investigation.. Please contact us at healthcareforartists.org if you have andy FSC filing questions: hfainfo (at) healthcareforartists.org
If
you have employees, you need to know how to count your number of full-time-equivalent
employees to find out what, if anything, you are required to
do as an employer under the health care reform law.
If
you have 11 or more full-time-equivalent employees you will need
to abide by several key requirements and even if you don't have 11 full
time equivalent employees there are some news requirements. Starting
in January 2009-new rules went into effect for all employers
and also for those employers who have 50 or more full time equivalent
employees.
Please note that any business or non profit that has a DUA number has
to file the Fair Share Contribution online form- even if they do not
have 11 or more full time equivalent employees. HIRD form information for those who have to file.
A
VERY important warning: If you have hired an outside company
or person to make sure your company is compliant with the new health
care reform business regulations (ie they are filing all of the appropriate
paper work/forms for the MA health care reform law) and if that entity
doesn't file or files wrong, you are still liable for ANY fine -not
the company/person you hired. In other words buyer beware as the risk
stays with you!
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It
is very important know how to count your full-time-equivalent employees
(Note
you are counting hours worked, not people!)
See
our page -
How to calculate the number of full time equivalent employees
*
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If
you don't have
11
or more full-time equivalent employees- you are exempt from any of the requirements on this page.
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If
you have 11 or more full-time equivalent employees-but less than
50 full-time equivalent employees, you have several requirement
to abide by. Please see our page for those employers: FTE
11 *
If
you have 50 or more full-time equivalent employees, you
have specific requirements to abide by. Please see our page for those
employers: FTE
50 *
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KEY
INFORMATION FOR EMPLOYERS:
If
you now want to or need to offer health insurance to your employees
because of this new law and need help navigating how to do so- we have
some suggestions! Please see our: Suggestions
and Warnings Page *
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HealthcareforArtists.org
has also launched a 125 Cafeteria Plan Watch: If you are a business
owner and have been contacted by someone who tried to charge you a large
amount of money to set up a 125 Cafeteria plan ($500 or more as the
cost can be as little as FREE to set it up), please contact us by email.
We are keeping track to make sure no one is being unfairly taken advantage
by predatory sales people. The AF is in contact with the Attorney General's
Office on this matter. All
correspondence is kept confidential. Please
email us: feedback@healthcareforartists.org
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