This guidance is considered temporary, but will apply until the DOL releases other regulations or guidance.
The DOL issued model notices that employers should turn to for guidance — one version for employers with health plans and one version for employers without health plans.
Both versions of the model notice contain the following:
Companies that offer coverage will also have to include information on which employees are eligible for coverage through the employer-sponsored plan as well as whether the plan meets the minimum value and affordability requirements.
An optional section also allows the employer to share information about future eligibility, plan premiums, and anticipated changes for the upcoming plan year. Employers may use the exact models provided by the DOL or a modified version, provided the notice contains the above information.
Employers also must notify ALL current employees no later than October 1, 2013, whether with the DOL forms or a modified version. Starting October 1, employers must also notify new employees within 14 days of their start date. Employers are NOT required to provide a separate notice to dependents or others who are (or may become) eligible for coverage under the plan but who are not employees.
The Department of Labor calls for the health exchange notice to be provided in writing, automatically, and at no cost. The notice may be sent by first-class mail, or it may be delivered electronically if the employer follows the DOL guidelines on electronic disclosure.
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