This & That Tuesday 13.9.17 Special
Hello All,
I just want to make sure you are all aware of this required notification.
Affordable Care Act (ACA) Deadline for Exchange Coverage Notice
Employers covered by the Fair Labor Standards Act (FLSA) must provide a notice of coverage options to each employee, regardless of plan enrollment status (if applicable) or of part-time or full-time status by October 1, 2013. Although the ACA’s employer mandate was delayed, the delay had no effect on the requirement for employers to provide this form.
In addition, from that date forward, employers must provide the notice to each new employee at the time that he/she is hired. For 2014, the Department of Labor (DOL) will consider a notice to be provided at the time of hiring if the notice is provided within 14 days of an employee's start date. The notice informs the employee of:
The existence of the Health Insurance Marketplace, also called an exchange
A description of services
How to contact the Marketplace
Additional required information- Information about the employer’s health plan, or lack thereof.
Model Notices
The DOL created two model notices: one model for employers who do not offer a health plan and a second model for covered employers who offer a health plan for some or all employees:
If you offer a Health Plan:
http://templatelab.com/FLSA-with-plans/
If you do not offer a Health Plan:
http://www.dol.gov/ebsa/pdf/FLSAwithoutplans.pdf
Delivery of Notice
You must provide the notice in writing, and in a way that is understood by the average employee. The notice must be provided free of charge.
Employers are not required to provide a separate notice to dependents or other individuals who are, or may become, eligible for coverage under the plan.
The notice can be provided by first-class mail or electronically. Electronic delivery of the notice must meet the requirements of the DOL’s electronic disclosure safe harbor. Generally:
- The administrator of the employee benefit plan must ensure that the system used to furnish the documents results in actual receipt of transmitted information (such as using a return-receipt or bounce back feature) and protects confidentiality of personal information relating to the individual’s account or benefits.
- Electronic notification can be provided only if the participant has regular access to the employer’s electronic information system as part of his/her job duties, or has provided affirmative written consent to receive an electronic distribution. This is just a general overview of the electronic notice requirements.
Things to Know
- The exchange notices require employer input.
The model notices can be modified as long as they provide the required content.
Some of the information on the forms is optional. Your company may want to include the optional information if it is helpful to employees and will give them a better understanding of the exchange and of any company-offered coverage.- Some employers choose to provide additional information to employees along with the notice. For instance, some employers choose to provide additional general information regarding the ACA's implementation or to explain the ACA's actual effect on their employees. Again, consult with your current benefits administrator or other benefits expert as to any additional information you wish to provide.