The U.S. Department of Labor’s Technical Release 2013-2 specifies all employers must provide a notice of coverage to each employee, regardless of plan enrollment status or of part-time or full-time status. Employers do not need to provide a separate notice to non-employees including dependents or other individuals who are or may become eligible under the plan.
Current workers must be notified by October 1, 2013 but may be notified prior to October. The notice must be provided automatically, free of charge and written in a manner that can be understood by the average employee. It may be provided by first-class mail or electronically if the requirements of the U.S. Department of Labor electronic disclosure safe harbor requirements are met.
Additionally, each employer must provide a notice to each new employee at the time of hire. For 2014, the U.S. Department of Labor will consider a notice to meet the criteria if it’s provided with 14 days of their start date.
The notice to employees must include:
- Information about the existence of Cover Oregon
- Contact Information for Cover Oregon
- A description of the services provided by Cover Oregon
- The fact that an employee may be eligible for a premium tax credit if the employee purchased a qualified health plan through Cover Oregon
- Notification that the employee loses the employer contribution towards health insurance coverage should they purchase a qualified health plan through Cover Oregon
- The fact that all or a portion of the employer premium contribution to a health plan may be excluded from income for Federal income tax purposes
Cover Oregon has developed two sample notices and included their contact to make it easy for your employees to learn more about their options and financial assistance that may be available.
- Sample Notice for employers who offer a health plan to some or all employees
- Sample Notice for employers who do not offer a health plan
While every attempt has been made to ensure the accuracy of all information as of the publication date, the information provided is subject to change. Federal and state rules and interpretations of the Affordable Care Act (ACA) continue to evolve, and every individual’s or employer’s circumstances are unique. Please consult with your own legal and tax advisors for advice.