Availability of The Healthcare Exchange

The ACA Exchanges Delays

Scroll down to read more!

The ACA Exchanges Delays

Scroll down to read more!
Availability of The Healthcare Exchange

Table of Contents

Earlier in the year it was announced that employers would have to inform employees of the availability of a healthcare exchange by March 1, 2013. Some of you may have noticed that the date has come and gone without exchanges being available for employers to tell employees. Here is a bit more information.

As required by the FLSA

How many of you knew that the Affordable Healthcare Act amended the Fair Labor Standards Act? Specifically:

Section 18B of the Fair Labor Standards Act (FLSA), as added by section 1512 of the Affordable Care Act, generally provides that, in accordance with regulations promulgated by the Secretary of Labor, an applicable employer must provide each employee at the time of hiring (or with respect to current employees, not later than March 1, 2013), a written notice:

  1. Informing the employee of the existence of Exchanges including a description of the services provided by the Exchanges, and the manner in which the employee may contact Exchanges to request assistance;
  2. If the employer plan’s share of the total allowed costs of benefits provided under the plan is less than 60 percent of such costs, that the employee may be eligible for a premium tax credit under section 36B of the Internal Revenue Code (the Code) if the employee purchases a qualified health plan through an Exchange; and
  3. If the employee purchases a qualified health plan through an Exchange, 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.

That was the requirement that has now come and gone. The reason it has come and gone is that the sentence “in accordance with regulations promulgated by the Secretary of Labor” allows the Department of Labor to say “never mind”. Basically no specific regulation has been issued, so there is nothing to conform to.

Coming this fall!

The issuance of the regulations regarding notification of exchanges has been delayed to the fall. This will conform to the open enrollment period for the exchanges. The DOL is working on a generic model notice that they will make available to employers. The DOL has also said they are considering

“ a compliance alternative, the Department of Labor is also considering allowing employers to satisfy the notice requirement by providing employees with information using the employer coverage template as discussed in the preamble to the Proposed Rule on Medicaid, Children’s Health Insurance Programs, and Exchanges: Essential Health Benefits in Alternative Benefit Plans, Eligibility Notices, Fair Hearing and Appeal Processes for Medicaid and Exchange Eligibility Appeals and Other Provisions Related to Eligibility and Enrollment for Exchanges, Medicaid and CHIP, and Medicaid Premiums and Cost Sharing (78 FR 4594, at 4641), which will be available for download at the Exchange web site as part of the streamlined application that will be used by the Exchange, Medicaid, and CHIP.”

(Try reading that out loud without taking a breath!)

Many of us will probably wait for the future guidance which is promised to allow flexibility and a “generous” amount of time to comply.

The small business programs have also been delayed until October 2013. The Small Business Health Options Program (SHOP) is designed to help you find health insurance that fits your small business with less hassle. We will see.

Did you like this post? Share it!

A Word From Our Sponsors

Ads help make Workology resources free for everyone. We respect your privacy. To see our Privacy Policy click here.

Recommended Posts

QA With Liz Wilke, Principal Economist at Gusto

Q&A With Liz Wilke, Principal Economist at Gusto

Liz Wilke is Principal Economist at Gusto, researching the state of work and business in the modern economy. ...

Episode 410: Conflict Management, Conflict Resolution, and Forgiveness With John Baldino From Humareso

In this episode, we interview John Baldino, Founder and President of HR consulting firm Humareso, speaking about conflict in the workplace....

Resources for Session Attendees of Digitizing Talent

Resources for conference session attendees of Digitizing Talent: Creative Strategies for the Digital Recruiting Age....

Get These #BlackFriday & #CyberMonday Deals For #HR Certification

I wanted to consolidate our Black Friday and Cyber Monday deals in one spot so that you can quickly see what's available. Snag yours...
Comparing the PHR vs PHRi HR Certification Exams

Comparing the PHR vs PHRi HR Certification Exams

Uncover the nuances of PHR vs PHRi Certification Exam for HR professionals. Learn which boosts your career prospects best in our detailed guide!...

Job Jackpot: Navigating the Job Market in the Online Gambling Industry

Job Jackpot: Navigating the Job Market in the Online Gambling Industry Humans have always been interested in gambling fun. Even in ancient times, people...

Digital Recruiting: Shaping the Modern HR Landscape

Discover the transformation of digital recruiting, its impact on HR tech and how it's reshaping CEO perspectives on measuring human capital....
Managing Through Uncertainty And Leading With Integrity With Cara Brennan Allamano

Episode 411: Managing Through Uncertainty and Leading With Integrity With Cara Brennan Allamano

In this episode, we interview Cara Brennan Allamano, CHRO for Lattice, about how to manage teams through uncertainty....

Checkout Our Products

Ads help make Workology resources free for everyone. We respect your privacy. To see our Privacy Policy click here.

More From Workology

QA With Liz Wilke, Principal Economist at Gusto

Q&A With Liz Wilke, Principal Economist at Gusto

Liz Wilke is Principal Economist at Gusto, researching the state of work and business in the modern economy.
In this episode, we interview Meggan Van Harten, who spoke about embracing inclusion, diversity, equity, accessibility, and sustainability.

Episode 412: Embracing Inclusion to Disrupt the Culture With Meggan Van Harten From Design de Plume

In this episode, we interview Meggan Van Harten, who spoke about embracing inclusion, diversity, equity, accessibility, and sustainability.
PHR vs SPHR vs GPHR HR Certification Exams

PHR vs SPHR vs GPHR: Choosing the Right HR Certification

Discover the difference between PHR vs SPHR vs GPHR certifications in our comprehensive guide.
FOUNT Global CEO Christophe Martel

Q&A With Christophe Martel, Co-Founder and CEO at FOUNT Global

Christophe Martel is cofounder and CEO of FOUNT Global, Inc., a SaaS company that helps global organizations reduce work friction.