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Small Business Employee Benefits and HR Blog

Employer ACA Marketplace Notice Requirements

As part of the Affordable Care Act (ACA), employers are required to notify their employees of the coverage options available through the new Health Insurance Exchanges ("Marketplaces"). Originally, employers were required to notify employees by March 1, 2013. However, the employer ACA Marketplace requirement was delayed in January. Employers are now required to notify employees by October 1, 2013.

Employer Marketplace Notice, ACA, DOL

On May 8, 2013 the Department of Labor (DOL) issued new guidance on the notice to employees on coverage through the Marketplaces. 

What Does the Employer ACA Marketplace Notice Need to Include?

All employers subject to the FLSA must provide notice to all current employees (regardless of part-time or full-time status) by October 1, 2013. For employees hired after October 1, 2013, the information is to be provided at time of hire. Employers are not required to provide a separate notice to dependents. The notice needs to:

  1. Inform employees about the existence of the Marketplace including a description of the services provided by the Marketplace, and how employees may contact the Marketplace for assistance.

  2. Notify employees that if their company's health insurance plan does not offer minimum essential coverage (covers less than 60 percent of costs), that the employee may be eligible for a premium tax credit through the Marketplace.

  3. If the employee purchases a qualified health plan through the Marketplace, the employee may lose the employer contribution (if any) to any health benefits plan offered by the employer and that all or a portion of such contribution may be excludable from income for Federal income tax purposes.

The DOL has released two model notices on their website, one for employers not offering a group health plan and one for employers offering a group health plan. Employers may use these sample notices, or provide their own notice granted it meets the requirements listed above.

Employer ACA Marketplace Notice: Employers Not Offering a Group Health Plan

Here is a copy of the DOL notice for employers not offering a group health plan.


Employer ACA Marketplace Notice: Employers Offering a Group Health Plan

Here is a copy of the DOL notice for employers offering a group health plan.

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