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Our attorneys stay on top of changes in legislation, agency regulations, case law, and industry trends—then craft timely legal alerts to keep clients up to date on legal developments important to their business.

May 12, 2025

Federal Court Voids Regulation Authorizing IRS to Assess ACA Employer Penalties

In a significant decision for employers subject to the Affordable Care Act’s (ACA) employer mandate, the US District Court for the Northern District of Texas has ruled that the Internal Revenue Service (IRS) lacks authority to assess employer mandate penalties without prior certification from the Department of Health and Human Services (HHS). In Faulk Company, Inc. v. Becerra, the court invalidated the HHS regulation delegating certification authority to the IRS, holding that HHS lacked the statutory authority to delegate its certification obligations.

Background

Under the ACA’s employer mandate, employers with 50 or more full-time or full-time equivalent employees (including all employees of related employers) must offer substantially all of their full-time employees affordable medical coverage or risk incurring substantial penalties.  The case arose after the IRS assessed a $205,621.71 penalty against Faulk Company based solely on a notice from the IRS. Faulk challenged the assessment, arguing that the ACA requires HHS, not the IRS, to certify employer liability before any penalty can be imposed. The court agreed, concluding that the ACA clearly places responsibility on HHS to notify employers of their potential liability before the IRS may assess a penalty. Because no such certification had occurred, the court ordered the IRS to refund the full amount to Faulk.

Implications

This ruling calls into question the validity of prior penalty assessments made without HHS certification. Employers that have paid penalties under similar circumstances may wish to consult counsel about the possibility of filing refund claims. Refund requests are generally subject to a three-year statute of limitations, so timely action is important for any assessments not yet time-barred.

Attorneys in Barclay Damon’s Employee Benefits Practice Area will continue to monitor this case for any appeals as well as potential changes to HHS’s certification procedures in response to the court’s decision. 

If you have any questions regarding the content of this alert, please contact Michael McGovern, partner, at mmcgovern@barclaydamon.com, or another member of the firm’s Employee Benefits Practice Area.
 

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