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And Another Thing...

Question: I have seen several articles that state that as an employer, I am required to notify employees, regardless of company size, about the affordable care act or face penalties of $100. What exactly are we supposed to tell them?

Great Question – and you are right.

On May 8, 2013, the U.S. Department of Labor (DOL) issued Technical Release No. 2013-02, announcing an updated model election notice that plans must provide to inform departing employees about continued health care coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA).

The release also announced that the DOL has issued long-awaited temporary guidance and a temporary Model Notice to Employees of Coverage Options about the soon-to-launch exchanges, as required under Fair Labor Standards Act (FLSA) section 18B. The exchange notification, which must be provided to current and all newly hired employees starting no later than Oct. 1, 2013.

Employers are required to provide employees notice of the new Healthcare MarketPlace (Exchange), regardless of whether or not you provide insurance or are of sufficient size to be required to comply with the other mandates.  More details can be found here:

In short, Employers are required to provide the notice to each new employee at the time of hiring beginning October 1, 2013. For 2014, the Department will consider a notice to be provided at the time of hiring if the notice is provided within 14 days of an employee’s start date.

With respect to current employees, employers are required to provide the notice not later than October 1, 2013. The notice is required to be provided automatically, free of charge.

Samples can be found at:   Model Notice for employers who offer a health plan to some or all employees; Model Notice for employers who do not offer a health plan.

Also if you are providing health insurance for your staff; your current broker may have drafted notices/forms/sign off sheets that you can use to prove that you are in compliance. 

If you have a specific questions or need assistance please call our office at 215-896-3846 or email

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