As of March 1, 2013, employers must give a notice about the upcoming health exchanges to all existing employees and new hires. It is not yet clear whether employers who are not subject to the Fair Labor Standards Act (because they only operate in one state and have sales below $500,000) must give the notice.

So far, there is no information about the requirements of the notice, beyond what is in the PPACA itself. It is very possible that the government will issue a model notice.   It is also possible this notice requirement will be delayed. What we do know is that the notice will need to include:

• A statement about the existence of the exchanges
   
• A description of the services provided by the exchange
   
• Contact information to request assistance from the exchange
   
• If the plan provided by the employer has less than a 60 percent actuarial value, that the employee may be eligible for a premium tax credit and/or a cost-sharing reduction if he or she purchases a qualified plan through the exchange
   
• A statement that if the employee purchases coverage through the exchange, the employee may lose his or her employer contribution toward health benefits, and that the employer contribution may be tax-free 

Action Steps

• Watch for updates about this requirement
• The effective date may be delayed if work to implement the exchanges is behind schedule
• A model notice may be issued
   
• Verify that you can easily determine which states that employees are living in, as the notice may need to contain state-specific information

This information is general and is provided for educational purposes only. It reflects UBA's understanding of the available guidance as of the date shown and is subject to change. It is not intended to provide legal advice. You should not act on this information without consulting legal counsel or other knowledgeable advisors. 09/14/2012