Nicole M. Elliott is a Partner in our Washington, D.C. office.

The U.S. Department of Treasury (Treasury) held a conference call on May 13, 2016 to engage tribal leaders and their representatives in a government-to-government consultation on the employer shared responsibility provision, also known as the employer mandate, of the Affordable Care Act (ACA). Despite concerns by tribal leaders on the application of the employer mandate, Treasury confirmed that it applied to tribal employers and that legislation would be required to create an exemption. Treasury indicated it would be willing to accept requests for technical corrections to the final regulations and analysis on why a delay in the effective date of the employer mandate would be appropriate. Read the ACA Employer Mandate Fact Sheet for Tribal Employers to learn more.

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