Employers Must Comply With New DOL Notice Requirement Regarding Health Care Exchanges Under Affordable Care Act


On May 8, 2013, the Department of Labor (DOL) released new guidance imposing notice requirements on employers regarding the health care exchanges that are a key element of the Affordable Care Act.  Employers must provide this notice to each employee, regardless of the employee's plan enrollment status or whether the employee is on part-time or full-time status.  Each notice must include certain information about the employer’s health coverage as well as information about the new health care exchanges, the opportunity to apply for a premium tax credit for coverage obtained on the exchanges, and the tax consequences of purchasing coverage through an exchange. The DOL has provided a model notice for employers that offer health insurance coverage and a model notice for employers that do not offer coverage.  Both model notice forms require customization before they are issued to employees. For example, employers will need to understand the eligibility provisions of their health insurance plans and whether their plans offer “minimum value” and “affordable” coverage as defined under the employer shared responsibility mandate rules (i.e., Pay or Play) before completing and distributing the notice. The notice must be provided to each new employee at the time of hire beginning October 1, 2013.  The DOL will consider a notice to be provided at the time of hire if the notice is provided within 14 days of an employee's start date. With respect to employees hired before October 1, 2013, employers are required to provide the notice by October 1, 2013.  

Written by:

Published In:


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Laner Muchin, Ltd. | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.