November 06, 2013

Manchin Seeks to Redefine Full-Time Employee to Expand Access to Health Coverage

Sends letter to Budget Committee leaders to address “Forty Hours is Full Time Act” in budget conference

Washington, D.C. — U.S. Senator Joe Manchin (D-W.Va.) today sent a bipartisan letter to Budget Committee Chairman Patty Murray and Ranking Member Jeff Sessions asking them to address legislation he cosponsored, the Forty Hours is Full Time Act (S.1188), in their budget conference. Senators Susan Collins (R-ME), Joe Donnelly (D-IN) and Lisa Murkowski (R-AK) also signed the letter.

The senators cited the need for a sensible definition of “full-time employee” under the Patient Protection and Affordable Care Act (PPACA), writing, “Effective health care reform should expand access to coverage, while not inhibiting economic growth. For this reason, we are concerned that the PPACA definition of full time as an employee working just 30 hours a week is too low and out-of-step with standard employment practices in the U.S. today.”

To address this concern, the senators have introduced the Forty Hours is Full Time Act, which would set the PPACA’s definition of “full-time” employee at 40 hours a week and would make a matching adjustment in the monthly hours used to calculate “full time equivalent” employee. 

A complete list of legislative proposals Senator Manchin supports to help repair the Affordable Care Act is available below.

Please read the full text of the letter below. 

November 6, 2013

The Honorable Patty Murray                                                    The Honorable Jeff Sessions
Chairman                                                                                            Ranking Member
Committee on the Budget                                                           Committee on the Budget
624 Dirksen Senate Office Building                                        624 Dirksen Senate Office Building
Washington, DC  20510                                                                Washington, DC 20510

Dear Chairman Murray and Ranking Member Sessions:

                During consideration of S. Con Res 8 in March, the Senate adopted SA 144, calling for a sensible definition of “full-time employee” for purposes of calculating the Employer Mandate under the Patient Protection and Affordable Care Act (PPACA). We have since introduced the “Forty Hours is Full-Time Act” (S. 1188), bipartisan legislation to set the PPACA’s definition of “full-time employee” at 40 hours per week. We urge you to seek adoption of a budget resolution that would accommodate the budgetary effects of this legislation in the upcoming Budget conference with the House.

                Effective health care reform should expand access to coverage, while not inhibiting economic growth. For this reason, we are concerned that the PPACA definition of full time as an employee working just 30 hours a week is too low and out-of-step with standard employment practices in the U.S. today.  Data published by the Bureau of Labor Statistics shows that the average American works 8.8 hours per day, which equates to 44 hours per week.  The PPACA definition is nearly one-third lower than actual practice.

                By using a threshold of 30 hours a week to define “full time” employee, PPACA artificially drives up the number of workers that appear to be employed “full-time” by a business, exposing those businesses to the risk of substantial penalties. These penalties begin at $40,000 for businesses with 50 employees, plus $2,000 for each additional “full-time equivalent” employee. As a consequence, some businesses have reduced their employees’ work to 29 hours per week, to ensure workers are considered “part time” for purposes of PPACA.  If more businesses follow suit, millions of American workers could find their hours and their earnings reduced.

                S. 1188 would set the PPACA’s definition of “full-time” employee at 40 hours a week, and would make a matching adjustment in the monthly hours used to calculate “full time equivalent” employee. This sensible definition will help protect millions of employees from having their hours curtailed as a result of the PPACA’s arbitrary and unreasonable definition of “full time” employee.
               
                We thank you for your consideration of our request.
               
                                                                                                Sincerely,                                                           

Susan M. Collins
United States Senator
                                                                                               
Joe Donnelly
United States Senator

Lisa Murkowski
United States Senator
                                                                                               
Joe Manchin
United States Senator

Legislative actions Senator Manchin supports to repair the Affordable Care Act:

1099 Provision: Removes requirement that would force businesses, charities and churches to file excess forms and filings with IRS.
• Senator Manchin was the lead cosponsor of the legislation, which was successfully repealed in 2011.

One-Year Delay of Individual Mandate: Delays individual mandate provision for one year to eliminate penalty fees for not signing up for healthcare coverage, which would give consumers a true transition year.
• Senator Manchin sponsored the legislation.

Full Time Workweek Definition Extends to 40-Hours: Changes the definition of a full-time workweek under the law from 30 to 40 hours, which would help small businesses and prevent employees from getting their hours reduced.
• Senator Manchin cosponsored the legislation.

Grandfather Current Health Care Plans: Allows individuals to stay on their current health care plans and prevents insurers from cancelling coverage currently offered if policyholders would like to continue to receive their existing plans.
• Senator Manchin cosponsored the legislation.

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