Beginning no later than October 1, 2013, Employers are required to provide notice to employees about the availability of the Marketplace (aka Exchange). Although the Feds announced last Fall that they would not levy fines against employers who failed to timely notify employees – it is still a requirement under the Affordable Care Act (ACA). The mandate affects ALL employers – whether you offer a group health plan or not, and must also be distributed to ALL employees regardless of their status (i.e. full-time, part-time, etc.).
Updated versions of the Model Notice issued by the Department of Labor are now available, and in both English and Spanish languages.
For employers who offer a group health plan, the fillable form in English is available here. Spanishhere.
For employers who do not offer a group health plan, the fillable form in English is available here. Spanish here.
When, Where, and How?
Employers are required to provide the notice to each new employee at the time of hiring. For 2014, the DOL will consider timely delivery to new hires to be within 14 days of an employee’s start date.
Employers may provide notice via US Postal Service. Alternatively, employers may provide the notice electronically if the DOL’s requirements of electronic disclosure safe harbor statute is met. Refer to 29 CFR 2520.104b-1(c) for further guidance. Hand delivery with other Human Resource forms is what we recommend.