The Department of Labor (DOL) has released 3 model notices
as a result of changes under Health Care Reform:
- 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)
New Health Insurance Exchange (Marketplace) Notices
The Exchange
Notice provides employees with certain information related to the new Exchanges
(also called Marketplaces) which are expected to begin operating next year.
Following a delay in the original effective date, employers are required to provide this
written notice to each current employee not later than October 1, 2013, and to
each new employee at the time of hiring beginning October 1, 2013.
For 2014, a notice will be considered provided “at the time of
hiring” if it is provided within 14 days of an employee’s start date.
Employers
must provide the notice to each employee (automatically and free of charge)
regardless of plan enrollment status (if applicable) or of part-time or
full-time status. Two separate notices are available from the DOL–one model notice for employers who offer a health plan to
some or all employees, and another model notice for employers who do not offer a health
plan. The notice may be provided by first-class mail, or, alternatively, it may
be provided electronically if certain requirements are met. Employers do not
need to provide a separate notice to dependents or other individuals who are or
may become eligible for coverage under the plan but who are not employees.
Additional
details regarding the Exchange Notice are explained in Technical Release 2013-02. According to
the DOL, this temporary guidance will remain in effect until the issuance of
regulations or other guidance. Future regulations or other guidance will
provide adequate time for employers to comply with any additional or modified
requirements.