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Legal Watch

DOL Publishes Model Employer Reporting Requirement Notices Under ACA

American Staffing Association (05/16/13) Toby Malara

Earlier this year, an employer notice requirement under the Affordable Care Act was scheduled to go into effect in the coming months. The requirement requires affected employers to provide employees information about the coverage options available to them through state marketplaces (referred to in the statute as exchanges). As reported on Jan. 25 in Staffing Today, the U.S. Department of Labor delayed implementation of this requirement and announced that distribution of such notices would be late summer or fall of this year—to coordinate with the open enrollment period for the exchanges.

However, DOL issued the temporary guidance and model notices last week—well in advance of the original timeframe—due to numerous employer requests. As a result, employers can start using the model notice and temporary guidance now—ahead of the open enrollment period for exchanges.

The DOL guidance is available at americanstaffing.net. In addition, model notice for employers who do not offer a health plan is available here; model notice for employers who offer a health plan to some or all of their employees is available here. Employers may use one of these models, as applicable, or a modified version, provided the notice meets the content requirements described in the guidance.

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