U.S. Department Of Labor Issues Model Notices Of Health Insurance Options

By October 1, 2013, most employers will be required to provide their current employees and new hires with notices of health insurance options.  The notice is required to, among other things, inform employees of the existence of the health insurance marketplace created by the Patient Protection and Affordable Care Act (“ACA” a/k/a “Obamacare”) and to provide information concerning the employer’s health insurance plan. The United States Department of Labor (“DOL”) has recently issued the model notice forms for employers offering health insurance and employers who do not offer health insurance.

These notices are required by an amendment to the Fair Labor Standards Act (“FLSA”), which was created by the ACA.  Because the notice requirements fall under the FLSA, they apply to any employer who is subject to the FLSA, regardless of whether that employer is a large employer subject to shared responsibility requirements under the ACA.  Our recent articles on the shared responsibility requirements can be found here and here.

Of note, some of the required information the model notices require an employer to have determined the status of its plan under the ACA’s shared responsibility rules and whether it will comply (or not comply with those rules and pay the applicable penalties i.e. “play or pay”).

The model notices are another reminder that employers need to be proactive in determining their obligations, if any, under the ACA and whether they will play or pay if they are subject to the shared responsibility requirements.  We are happy to discuss these important issues with you.

As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.

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