This month, the DOL provided temporary guidance and sample notices that employers can use to inform employees about the exchanges. The original deadline for providing this was 3/1/13 but has been changed to 10/1/13 to coincide with the Exchange or Marketplace open enrollment period. Employers can send notice sooner using the model notices provided by the DOL or can wait until formal guidance is provided later this year.
The notice requirement applies to all employers that are subject to the Fair Labor Standards Act. (Most employers!)
- This one-time notice must be provided to all current employees as of 10/1/13 and to new employees as they are hired. For 2014, the notice must be provided to new employees within 14 days of their start date.
- Employers must provide this notice to all full-time and part-time employees, regardless of whether the employee is enrolled in an employer-sponsored medical plan and even if they do not offer any health coverage to employees.
- Notices must be in writing and can be delivered electronically, subject to ERISA standards.
- There are two versions of the notice: (1) Notice for employers that DO offer medical coverage to some or all of their employees (2) Notice for employers that DO NOT offer medical coverage to any employees
- Employees and dependents who become eligible for COBRA will also have the option to purchase coverage through the Exchange/Marketplace and potentially receive a premium subsidy. The model COBRA notice that employers use has been revised to include information about the Marketplace.
Contact our office for a copy of any “model notices” mentioned above or follow the links below:
- Exchange Model Notice for Employers Who Offer a Health Plan to Some or All Employees (must be distributed to current employees no later than October 1, 2013)
- Exchange Model Notice for Employers Who Do Not Offer a Health Plan (must be distributed to current employees no later than October 1, 2013)
- Revised Model COBRA Election Notice (provided to eligible employees and dependents when a qualifying event occurs)