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Affordable Care Act requires employers to notify employees of exchanges

healthcarelawWASHINGTON (Sept. 25, 2013) — As state and federal governments get ready for open enrollment of the health insurance marketplaces on Tuesday, Oct. 1, employers are mandated under the Affordable Care Act to notify employees of these exchanges, and all of their healthcare options. All employers covered by the Fair Labor Standard Act must provide notice to all employees, both full time and part time, by Oct. 1.

These notices must include:

  • Information about the exchange in their state, as well as contact information and a description of the services provided by the exchange. Kentucky is operating a state-based exchange — kynect.ky.gov.
  • Inform employees they could be eligible for federal tax credits if they purchase an insurance plan through the exchange.
  • Inform employees that if they purchase insurance through the exchange, they could lose the employer contribution to any health plan offered by the employer.

The Department of Labor has released a model notice for employers to use that meets the requirements of the mandate. As long as they employer notifies employees of the three items listed above, employers do not have to use the exact language in the template.