Employers: Oct 1, 2013 Requirements under the ACA

Situation:

The Affordable Care Act still requires all business owners to inform their employees about the creation of the Health Care Exchange system before October 1, 2013. This requirement is mandatory for employers whether they offer health care insurance or not. It also does not matter if you have 1099 or W-2 employees. This is also mandatory for all employers regardless of size.
Analysis:

  • On July 2, 2013 the Department of the Treasury announced that it is delaying the Affordable Care Act (ACA) employer pay-or-play mandate and accompanying employer reporting requirements by one year (until 2015).
  • Health care exchanges (now renamed by the government “health care marketplaces“) are still scheduled to open their virtual doors on January 1, 2014
  • This one year delay did not affect the employer requirement of informing all of their employees about the implementation of the health care marketplaces.
  • Each employer must notify each employee by letter or email about the formation of the health care marketplaces:
    • Employees are defined as Full Time or Part Time
    • It is recommended that employers also notify all contract (1099) employees that currently work for the company.
  • Each employer must retain a copy of the email or letter notification that is sent to each employee in a separate file.
  • The Department of Labor is still crafting the full implementation rules and procedures for this notification requirement.

Solution:

All employers need to send either a letter or email to each individual employee informing them of the implementation of the exchanges. For an example of how employers can fulfill that mandate go to the URL below and look at either the Email or Letter Template for Employers Offering Insurance or the Email or Letter Template for Employers Not Offering Insurance.

The sample documents can also be found at the following:

http://www.americansmallbusinesscenters.com/business-resource-center/sample-documents/

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