‘‘SEC. 2214. REQUIREMENTS FOR EMPLOYERS REGARDING 
THE PROVISION OF BENEFITS. 
‘‘(a) 
REQUIREMENTS.—Subject 
to 
subsection 
(c)(2)(B), an employer in a State shall comply with the 
following requirements: 
‘‘(1) EMPLOYERS
WITH
LESS
THAN
500
EM-
PLOYEES.— 
‘‘(A) IN GENERAL.—An employer with less 
than 500 employees shall enroll each employee 
in a State-designated purchasing pool. 
‘‘(B) CONTRIBUTIONS.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
subparagraph (A) and subject to clause 
(ii), the employer shall make a contribution 
on behalf of each employee for health in-
surance coverage that is equal to at least 
80 percent of the total premiums for such 
coverage for employees and their families if 
the employee elects dependent coverage. 
‘‘(ii) LIMITATION.—An employer shall 
not be liable under subparagraph (B) for 
more than 10 percent of each employee’s 
annual wages. 
‘‘(2) EMPLOYERS WITH AT LEAST 500 EMPLOY-
EES.—
‘‘(A) IN GENERAL.—An employer with at 
least 500 employees, a majority of whose wages 
fall below an amount equal to 300 percent of 
the poverty line applicable to a family of the 
size involved, shall comply with the require-
ments applicable to an employer under para-
graph (1). 
‘‘(B) OTHER EMPLOYERS.— 
‘‘(i) IN GENERAL.—An employer with 
at least 500 employees that is not de-
scribed in subparagraph (A) shall, at the 
option of the employer, either— 
‘‘(I) comply with the require-
ments applicable to an employer 
under paragraph (1); or 
‘‘(II) provide health insurance 
coverage to all employees and their 
families (if the employee elects de-
pendent coverage) that meets the re-
quirements of section 2213 and the 
employer contribution required under 
paragraph (1)(B). 
‘‘(ii) ADDITIONAL
EMPLOYER
CON-
TRIBUTION.—An employer that elects to 
comply with clause (i)(I) shall contribute
an additional 1 percent of payroll into the 
State-designated purchasing pool in which 
it participates. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this title shall be construed as prohibiting a labor or-
ganization from collectively bargaining for an em-
ployer contribution that is greater than the contribu-
tion that is required under paragraph (1)(B) or, as 
applicable, for health insurance benefits that are 
greater than the coverage required under paragraph 
section 2203(a). 
‘‘(4) PART-TIME
EMPLOYEES.—An employer 
shall be responsible for meeting the requirements 
under this subsection for all employees of the em-
ployer. 
‘‘(5) MULTIEMPLOYER FAMILIES.—In the case 
of a family with more than 1 employer, the employ-
ers of individuals within the family shall apportion 
their contributions in accordance with rules estab-
lished by the State. 
‘‘(b) NONAPPLICABILITY.—This section shall not 
apply— 
‘‘(1) to any State that establishes a single 
payor system; or
‘‘(2) to any State that established a universal 
phase (phase II) plan through an approved adden-
dum to an expansion phase (phase I) plan. 
‘‘(c) PRIVATE CAUSE OF ACTION.— 
‘‘(1) LIABILITY.—An employer that fails to 
comply with the requirements of subsection (a) or 
otherwise takes adverse action against an employee 
for the purpose of interfering with the attainment of 
any right to which the employee may be entitled to 
under this title, shall be liable to the employee af-
fected. 
‘‘(2) AMOUNT.—The amount of the liability de-
scribed in paragraph (1) shall be an amount equal 
to— 
‘‘(A) the contributions that otherwise 
would have been made by the employer on be-
half of the employee under this section; 
‘‘(B) an additional amount as liquidated 
damages; and 
‘‘(C) consequential damages for reasonably 
foreseeable injuries resulting from such action. 
‘‘(3) JURISDICTION; EQUITABLE RELIEF.— 
‘‘(A) JURISDICTION.—An action under this 
subsection may be maintained against any em-