Sarah Borders March 11, 2026 2 min read

Updated Penalties & 2027 Health Plan Out-of-Pocket Maximums

For 2026 Health Plans:

  • Health Insurance Portability and Accountability Act (HIPAA) penalties: $145–$73,011 per violation (up to $2.19M/year)
  • Summary of Benefits and Coverage (SBC) penalty: $1,443 per failure
  • Medicare Secondary Payor (MSP) penalty: $11,823 per failure

For 2027 Health Plans:

  • OOP max: $12,000 individual / $24,000 family
  • Employer mandate (§4980H) penalties:
    • $3,780 per year
    • $5,670 per year
ALE rules apply to employers with 50+ full-time/FTE employees
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Sarah Borders

Principal, Benefits Compliance Solutions. Sarah has spent the last 15 years in the employee benefits industry, has numerous designations and serves on NAHU’s Employer Working Group Subcommittee and is an active board member of Austin AHU. She recently stepped down as Vice President of Benefits Compliance at one of the nation's largest brokerage firms to start her own compliance consulting practice. Her designations include an active license with the Texas Department of Insurance, CEBS (Certified Employee Benefits Specialist), Certified Health Care Reform Professional, HIPAA certification and Health Care Service Associate. She holds an MBA from Texas A&M Corpus Christi and a BA from University of Incarnate Word. Her consulting firm, Benefits Compliance Solutions, partners with employers to identify unknown risks and avoid hundreds of thousands of dollars in fines and lawsuits from failure to comply with their healthplan obligations.

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