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Compliance concept Employers that add surcharges for unvaccinated employees may create a situation in which the health plan no longer meets ACA affordability rules, which could result in penalties.

Just as employers with calendar-year benefit plans are finalizing health plan rates for 2022 and getting ready for open enrollment, a couple of recent developments could affect health plan affordability under the Affordable Care Act (ACA) and result in employers’ noncompliance.

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