Labor Department Publishes Model Employer Exchange Notification Documents

On May 8, the U.S. Department of Labor published Technical Release 2013-02, which provides guidance for employers regarding the Affordable Care Act (ACA)-required notice to employees of their options under state and federally-facilitated health insurance exchanges.

ACA section 1513 amends the Fair Labor Standards Act (FLSA) to require that employers provide each employee with a written notice providing the employee with information about the exchange in their state and how to request assistance, describing the availability of a premium tax credit (if applicable) and outlining the implications for the employee if they choose to purchase a qualified health plan through an exchange. This requirement applies to ALL employers, regardless of size, and regardless of whether the shared responsibility requirements ("pay or play") apply. Any employer with one or more common law employees must provide this notice.

As employer advocates had hoped, model notices have been issued by DOL for use by employers:

• Model notice for employers that currently offer a health plan to some or all employees
• Model notice for employers that do not offer a health plan

The ACA effective date for distribution of these notices was March 1, 2013. The Technical Release states that employers are required to provide the notice to each new employee at the time of hiring beginning October 1, 2013. With respect to employees who are current employees before October 1, 2013, employers are required to provide the notice not later than October 1, 2013. The notice is required to be provided automatically, free of charge. The notice can be provided electronically or by first class mail. The Technical Release also describes how to comply with the requirement for individuals in COBRA continuation coverage.