AFFORDABLE CARE ACT REQUIREMENTS FOR ALL EMPLOYERS
In 2010, the patient Protection and Affordable Care Act (ACA) was enacted into law. Many of its early provisions took effect in January, 2011. The bulk of its provisions will take effect in January 2014. The ACA's Health Insurance Marketplace is set to open this January, which means employers should get ready to send the required Marketplace notice to employees. You may use the model notices made available through the Department of Labor (DOL) website: www.dol.gov/ebsa/pdf/FLSAwithplans.pdf or www.dol.gov/ebsa/pdf/FLSAwithoutplans.pdf.
You may use these documents to satisfy the notification requirement. The model notices contains three pages of information. Information found on pages 1 and 2 is a required part of the notification. Providing the additional information on page 3 is optional.
Current employees must receive the notice by October 1, 2013. Each new employee must receive the notice at the time of hiring, beginning October 1st. For 2014, the DOL will consider the notice to be delivered at the time of hiring, if the employer provides notice within 14 days of an employee's start date. You are required to provide this notice to each employee, regardless of whether your organization offers health coverage, whether the employee is enrolled in your health plan, and regardless of whether the employee works full-time or part-time. Your are not required to provide a separate notice to dependents or other non-employee individuals who are or may become eligible for coverage under your company's health plan.
If your company is covered by the Fair Labor Standards Act, it should provide written notice to its employees about the Health Insurance Marketplace, but there is no penalty if you do not provide the notice.