Affordable Care Act

by the Parker Area Chamber of Commerce

We  have just received information regarding a requirement for employers to supply their employees with certain information by October 1, 2013. Although there will be no penalty for failing to comply by this date, employers (regardless if they fall under the threshold to have to provide insurance)  must send a letter to each employee about his/her options under the new healthcare law.

Here are the frequently asked questions:  (and, there are links to the sample letters you will need to provide.)

What is this notice for?

Every employer whose business is subject to the Fair Labor Standards Act (FLSA), meaning most employers, must distribute a notice to all employees to let them know about their health insurance options, either within your company or in the new Health Insurance Marketplace, often referred to as “state exchanges.” This action is required by Affordable Care Act section 1512, which added section 218-B to the FLSA. For more info on the notice, use this link:
http://www.dol.gov/ebsa/newsroom/tr13-02.html

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Do I as an employer have to provide this notice?

Yes, all employers with one or more employees should do so.

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What is the deadline for this notification?

All employees must receive this notification by Oct 1, 2013. Also, any employee hired after October 1, 2013, must receive the notice within 14 days of their start date.

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What if I fail to distribute this notice?

We have been told by the U.S. Department of Labor that there is no penalty for failing to distribute these documents. That said, we recommend that you not only give these forms to your employees, but that you also have them sign a document that states they did receive it. This could protect you in the event that you are ever asked to prove that you distributed it-by an employee or a government official.

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What must this notice include?

We have included everything you need to stay compliant below. Simply complete, print, and distribute the notice to each employee.

If you currently do NOT offer group health insurance, use this link:
http://www.dol.gov/ebsa/pdf/FLSAwithoutplans.pdf

If you currently DO offer group health insurance, use this link:
http://www.dol.gov/ebsa/pdf/FLSAwithplans.pdf

If you have any further question, you can contact our office at (928) 669-2174.

Mary Hamilton
Chamber Director

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