Important Reminder: PPACA'S Marketplace Notice Must be Provided to Employees by October 1st

October 1, 2013 is the deadline for all employers subject to the Fair Labor Standards Act to distribute the Health Insurance Marketplace Notice. The Notice must be provided to every employee, regardless of enrollment status in a health plan or employment status (e.g. full-time, part-time) and regardless whether the employer sponsors a group health plan.  Employers are not required to provide separate notices to dependents or other individuals who are or may become eligible for coverage under the plan but who are not employees.The Department of Labor has provided two model notices, one for employers that offer a health plan and one for employers that do not offer a health plan.  The model notices may be obtained via the following links:

• Model notice for employers who offer a health plan to some or all employees, available at http://www.dol.gov/ebsa/pdf/FLSAwithplans.pdf
• Model notice for employers who do not offer a health plan, available at http://www.dol.gov/ebsa/pdf/FLSAwithoutplans.pdf

Employers may rely upon the model notices to comply with the Health Insurance Marketplace Notice requirement, or may opt to use a modified format so long as the modified notice contains the same information set forth in the model notices.  Employers should maintain copies of the form of notice used along with information about when and how it was provided in the event the plans are audited.

For a more detailed discussion on the Health Insurance Marketplace Notice, please see our previous e-alert at the following link:

http://www.clarkhill.com/Modules/Document/documents5/Benefits%20Law%20Update11.mht

If you have any questions about the Health Insurance Marketplace Notice or about health care reform in general, please contact Ed Hammond at ehammond@clarkhill.com or (248) 988-1821; Kristi Gauthier at kgauthier@clarkhill.com or (248) 988-5854; Doug Ellis at dellis@clarkhillthorpreed.com or (412) 394-2367; or Stephanie Hicks at shicks@clarkhill.com or (248) 988-5893; or one of your Clark Hill or Clark Hill Thorp Reed labor and employment attorneys.