Sheldon Blumling, partner with the Irvine, Ca. office of Fisher & Phillips LLP
If they uphold the entire law, which is what I would predict, then its time for employers to get to work, says Blumling. I can tell you first hand there have been a lot of employers sitting on the sideline waiting to invest time and energy and the thought process to get ready for health care reform.
Employers would immediately need to plan for the employer play or pay mandate and upcoming compliance requirements, such as preparing their Summary of Benefits and Coverage and W-2 reporting on the cost of coverage.
If the Supreme Court only strikes down the individual mandate, he believes it would not have an immediate impact on employers though he warns that insurance carriers would probably increase health premiums gearing up for 2014 more than they would have.
If the entire law is struck down, upcoming compliance requirements would probably be put on hold, but their plans, which have a lot of features in them that they didnt have pre-health care reform, are still contracts. Taking the law out of the picture doesnt change your contract, advises Blumling.