Smaller remodelers may think they have nothing to fear from Obamacare in 2016. But they’re wrong, say experts. A little-known Affordable Care Act–related fine of $100 per day per employee enacted in 2015 has the potential to “blindside” some remodelers in 2016—unless a Congressional action can save them.

The fines are for health reimbursement accounts, or HRAs. HRAs should not be confused with health savings accounts (HSAs) often offered with high-deductible insurance plans; unlike an HSA, only employers can contribute to a health reimbursement account.

HRAs allow employers who can’t offer full health insurance benefits to offset employee health care costs. Less than 50% of remodelers currently offer health insurance, according to the National Association of the Remodeling Industry. Of the full-service companies in the Remodeling 550, 62% provide insurance.

NARI figures show most remodelers have fewer than 10 workers, far below ACA thresholds for requiring health insurance. These firms have traditionally treated HRAs as a way to attract quality workers, says Robert Criner, president of Criner Remodeling and National Association of Home Builders Remodelers chair.

“The bottom line is that all your better employers are trying very hard to find the best employees, and I’m disappointed someone is taking one the arrows out of my quiver to be able to attract them,” Criner says.

HRAs were ruled unacceptable because the ACA prohibits cost sharing of health insurance expenses. Then the Internal Revenue Service stepped in, and as of July 2015, employers offering HRAs can be fined $100 per day per employee, according to a little-known guidance ruling. That’s 600 times the $695 annual fine for violating the individual mandate, says Kevin Kuhlman, director of public policy for the National Federation of Independent Business (NFIB).

Because HRAs typically are offered by employers who don’t meet the Affordable Care Act’s employee threshold for health insurance coverage, many remodelers may assume they have nothing to worry about, says Suzanne Beall, NAHB federal legislative director.

To make matters worse, HRAs are often set up through brokers, and remodelers may not even know they’re offering them—until they get audited and fined, Beall says. She recommends that remodelers work with an expert or talk to their broker to find out if they could be liable for HRA fines.

“I think people are going to be very blindsided,” Kuhlman says. “Business owners are busy operating their business. They don’t have the time or luxury to pay attention to quiet IRS guidelines when they’ve been told that if you have fewer than 50 employees, you don’t have to worry about this.”

NAHB and NFIB have partnered with a group of other concerned small business associations on legislation to make HRAs legal again and do away with the penalties, says Beall. The legislation, The Small Business Health Relief Act (HR 2911 and S1697), already has bipartisan support, and President Obama has pledged to sign it. But with so many other items on Congress’ agenda, Beall says it’s going to be difficult for the bill to reach the president’s desk.

“We don’t think people are hearing enough about this on {Capitol Hill] to make it a priority,” she says. “They’re hearing about Syria and refugees and terrorism. This doesn’t have the groundswell of support that these other hot topics have.”

She and Kuhlman say remodelers can help change that by calling their elected representative and urging them to pass the bill. “We want to bring HRAs back,” Beall says. “But we need to make sure the penalties don’t come in 2016 when firms get audited.”