Affordable Care Act: Employer Coverage Option Notice Requirements

As you may already know – many provisions of the Patient Protection and Affordable Care Act (Affordable Care Act) are intended to expand access to affordable health care coverage nationwide. These include provisions for coverage to be offered through a Health Insurance Marketplace, assistance for purchasing coverage through premium tax credits, employer notice requirements which include coverage options available through the Marketplace, as well as, others.

With respect to the employer notice requirements provision of the Act, originally employers were expected to provide notice not later than March 1, 2013, however, on January 24, 2013, the Department of Labor (DOL) issued guidance stating the conclusion that the notice requirement under Fair Labor Standards Act (FLSA) would instead be required in late summer or fall of 2013. The DOL addressed several considerations leading to the date change which include the following:

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