As part of the Affordable Care Act, employers are required to provide employees with a written notice about the Health Insurance Exchange (also known as a Marketplace).
When must this notice be provided?
This notice must be provided to employees no later than October 1, 2013. For an employee hired after October 1, 2013, the notice must be provided within 14 days of the employee’s start date.
Who must receive a notice?
Employers must provide the Exchange notice to each employee, regardless of a plan enrollment status or of part-time or full-time status.
What is the method of providing the notice?
The notice must be provided in writing. It may be provided by first-class mail. Alternatively, it may be provided electronically if the requirements of the DOL’s electronic safe harbor are met. This safe harbor allows plan administrators to send certain disclosures electronically to:
- Employees with work-related computer access; and
- Other plan participants and beneficiaries who consent to receive disclosures electronically.
The safe harbor does not require the use of any specific form of electronic media. However, plan administrators are required to use measures reasonably calculated to ensure actual receipt of the material by plan participants and beneficiaries.
