Sec. 124. Employer health plan options

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A qualifying employer sponsored plan is— a governmental plan (within the meaning of section 2791(d)(8) of the Public Health Service Act); or any other plan or coverage that meets the benefits criteria of title XXII of the Social Security Act, as added by section 111, and the criteria under subsection (b), that provides health coverage that is equivalent to an actuarial value of at least 80 percent and makes a premium contribution of at least 70 percent. Large employers shall, with respect to any full-time employee of such employer— offer a qualifying employer sponsored plan to such employee, in accordance with subsection (c); or make a contribution of 8 percent of their annual payroll to the Medicare Trust Fund under title XXII of the Social Security Act.

An employee may opt out of a qualifying employer sponsored plan as satisfied by subsection (b)(1) in order to enroll in Medicare for America. The employer shall be exempt from the contribution specified in subsection (b)(2). The Secretary of Health and Human Services shall have authority to set standards for determining whether employers or insurers are undertaking any actions to affect the risk pool within Medicare for America by inducing individuals to decline coverage under a qualifying employer sponsored plan and instead to enroll in Medicare for America.

An employer violating such standards shall be treated as not meeting the requirements of subsection (a). For purposes of this paragraph, the term annual payroll means, with respect to any employer for any calendar year, the aggregate wages paid by the employer during such calendar year. Related employers and predecessors shall be treated as a single employer for purposes of this subsection. In the case of a part-time employee, the employer contribution requirements of paragraph

(1)shall be treated as satisfied if the employer contribution with respect to such employee is not less than the part-time employment ratio of the contribution required under paragraph (1). For purposes of this subsection— The term part-time employee means, with respect to any month, an employee who works on average fewer than 30 hours per week. The term part-time employment ratio means, with respect to a part-time employee of an employer in a month, a fraction— the numerator of which is the number of hours in the employee's normal work week, and the denominator of which is 30 hours. Under rules prescribed by the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, in the case of an employee for an employer whose defined work week for full-time employees is less than 30 hours, any reference in this subsection to 30 hours is deemed a reference to the number of hours in the work week so defined. The Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, shall establish rules for the conversion of compensation to hours of employment, for purposes of this subsection in the case of employees that receive compensation on a salaried basis, or on the basis of a commission, or other contingent or bonus basis, rather than based on an hourly wage. Each employer that makes a financial contribution under subsection (b)(2) under this section (other than with respect to coverage under a group health plan) shall pay such contribution in a form and manner, specified by the Secretary of the Treasury, based upon the form and manner in which employer excise taxes are required to be paid under section 3111 of the Internal Revenue Code of 1986. Except as otherwise provided for in this title (or an amendment made by this title), an individual shall not, on the ground prohibited under title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq.), the Age Discrimination Act of 1975 ( 42 U.S.C. 6101 et seq.), or section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any health program or activity, any part of which is receiving Federal financial assistance, including credits, subsidies, or contracts of insurance, or under any program or activity that is administered by an Executive Agency or any entity established under this title (or amendments) or any employer-sponsored insurance. Nothing in this title (or an amendment made by this title) shall be construed to invalidate or limit the rights, remedies, procedures, or legal standards available to individuals aggrieved under title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq.), title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq.), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), or the Age Discrimination Act of 1975 ( 42 U.S.C. 611 et seq.), or to supersede State laws that provide additional protections against discrimination on any basis described in paragraph (1). The Secretary of Health and Human Services may promulgate regulations to implement this subsection.

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Sec. 124

Employer health plan options

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