If the courts toss some ACA provisions linked to the insurance-coverage mandate, elements of the requirements that also apply to employer plans would likely be halted or reversed as well, analysts said. In these cases, the provisions would likely revert to the Health Insurance Portability and Accountability Act of 1996, they said.
That means employers would again be able to impose lengthy waiting periods for health coverage on new hires. Currently they are unable to lock workers out of health insurance for longer than 90 days when they take a new job.
Employers could also opt not to cover a new hire’s specific health problem, like cancer, for up to a year even if they provide them insurance. That limit would apply if a new hire hadn’t previously had coverage or had let it lapse.
And when smaller companies shop for insurance, they could be charged more to cover their workers if they have a large number of older or sicker people. That can indirectly lead to higher costs for workers who pay a share of their premiums, health analysts said. Those with healthier and younger employees may be charged less.
More than 13 million people get coverage through small employers.