I am interested to know if it is fraud for an employee that makes the schedules for our store to consistently make sure she has 40 hours with no insurance and some of us have 9 hours per week. I have some of the schedules that I can fax to you proving this. I have told our manager and he said we cannot force someone to have insurance. I believe that she is defrauding the government by deceit.
An employee can reject employer health coverage, but can't get cost assistance on the Marketplace if coverage is offered. The employer mandate only applies to employer responsibility, not the responsibility of the employee.
To your other point, there is nothing fraudulent about being a bad person. Why is the employer letting this renegade employee make schedules like that? This person seems like a detriment to the company. Something should be done, but there isn't any defrauding of the Government going on. The injustice is to the employer and other employees. Sorry you have to deal with this.