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Affordable Care Act Deadline

Posted By John Baker, Wednesday, September 25, 2013

Hi All,

We are working diligently to make sure our members are provided with the most up to date news regarding the information and requirements of ACA (Healthcare Reform-Patient Portability and Affordable Care Act Law). Therefore, we are reminding you that each employer is required by ACA to notify their employees of the upcoming exchange plans, regardless of whether you offer or provide healthcare to them. The deadline for this notification is October 1, 2013. Please see the information and links below. We hope this information will be helpful to you.

As always, if you have any questions please reach out to me.

- John


Most employers in Delaware are required to send a written healthcare exchange notification to their employees by October 1, 2013. The only exceptions to this are those businesses that have annual gross revenue under $500,000. This notification also applies to hospitals, schools, and government agencies.
In addition, starting October 1, 2013, the notices have to be given to New Employees on the date they are hired. Click on this link to access the Exchange Notification Document that can be used. Information about your company and your current medical insurance coverage needs to be inserted in Part B before distributing to your employees. These letters must go out to ALL employees, regardless of the hours they work, whether or not they are seasonal employees, or whether or not they are eligible for insurance. For new hires after the October deadline, through 2014, the notice must be sent out within 14 days of their hire date.
The intent of the Exchange Notification Document is to let employees know about the upcoming Open Enrollment beginning October 1, 2013 and to make them aware of a potential Tax Credit based on their household income. The employee should also know that if they opt for coverage through the Exchange or Marketplace, they will forfeit the company contribution as well as their ability to pay their premium share on a pre-tax basis.
An employer can provide 'an alternate notice' as long as it provides the following information:

1) A description of what Exchanges are, what they provide, and where employees can go to find more information about them; AND

2) Information regarding available tax credits if the employer doesn't provide minimum essential coverage and the employee purchases health insurance on the Exchange; AND

3) A statement that employees who purchase coverage on the Exchange may lose employer's (tax-free) contribution to the cost of health insurance offered by the employer. Also, that the employee's contributions to the employer-sponsored plan are often pre-tax contributions and the employee's contributions for insurance purchased on the exchange are post-tax contributions.               

Failing to meet the October 1, 2013 deadline may result in fines as steep as $100 per day, per employee. Employers must provide this in writing by first class mail or electronically. We also encourage you to retain copies of the letters for proof should your compliance ever be brought into question.  


As you may know, effective January 1, 2014 all individuals are required to have health insurance. Effective October 1, 2013 individuals will be able to purchase health insurance from the public Health Insurance Marketplace better known as the ‘Exchange’.  

To that end, ACA has mandated that all employers notify their employees of the ‘Exchange’ availability. This notice must be provided to all your employees (full and part time) and it does not matter if you offer or provide them health insurance or not – every employee must get the required notification.

A sample notice is provided on the government website (Department of Labor) and there are two models – one for employers who offer coverage (click here if you offer coverage) and one for employers who do not offer coverage (click here if you do not offer coverage).  This same notice is required to be presented within 14 days to newly hired employees.

Tags:  Affordable Care Act  Benefits Connection  exchange  Healthcare  Insurance  open enrollment 

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