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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20287
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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This question is in regard to the Affordable Care Act (ACA).

Customer Question

This question is in regard to the Affordable Care Act (ACA). I am a Tree Service company that currently employs 15 people. I have provided a Health Insurance program to my employee's for the past 4 years. All full time employee's could participate in the program after one year of employment. Last year my insurance carrier informed me that I was grandfathered in and did not have to abide by the ACA criteria of providing health care to all employee's after 60 days. I am now informed that the ACA requires me to provide healthcare to all employees with 90 days of service even though I employ less that 50.
Is this true?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.


Thank you for the information and your question. I can understand the confusion as the ACA is a very complex, detailed and lengthy piece of legislation. Although it is true that you aren't even required under Federal law to provide health insurance coverage for your employees, ACA still applies to other aspects of group health coverage that is offered, whether the employer has more or less than 50 employees. One area that applies to all, whether considered grandfathered or not, is the "waiting period" for coverage under offered plans. It is now not to be any longer than 90 days. Again this applies to small employers who don't otherwise have to offer group health plans but do. You can read a fairly good summary of the law and some FAQ about this issue by going to the following link:

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 10th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:

Thank you.