Annual Notices

ANNUAL NOTICE

2023 New Health Insurance Marketplace Coverage (Expires 6/30/2023)

Under the Affordable Care Act (ACA), employers covered by the Fair Labor Standards Act (FLSA) are required to provide a notice to employees about the health insurance marketplace/exchanges of the state(s) in which they operate. Employers have been required to provide this notice to current employees and new employees at the time of hire since Oct. 1, 2013. Employers are not required to provide a separate notice to dependents or other individuals who are or may become eligible for coverage under the plan but who are not employees.  New hires must receive the notice within 14 days of the employee's start date. The notice may be distributed electronically or by hard copy. There is no requirement to obtain an employee's signature; however, an employer may want to track delivery and receipt of the notice.

Technical Release No. 2013-02 - see III. Guidance For The Notice to Inforrm Employees of Coverage Options Under the FLSA, B. Providing Notice to Employees

Employers must provide a notice of coverage options to each employee, regardless of plan enrollment status (if applicable) or of part-time or full-time status. Employers are not required to provide a separate notice to dependents or other individuals who are or may become eligible for coverage under the plan but who are not employees.

The notice must inform the employee:

• Of the existence of the marketplace (referred to in the statute as the exchange) including a description of the services provided by the marketplace, and the manner in which the employee may contact the marketplace to request assistance.
• 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 if the employee purchases a qualified health plan through the Marketplace.
• 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

For more information about obtaining coverage through the Marketplace, visit www.healthcare.gov, contact EBSA electronically at www.askebsa.dol.gov, or call the HealthCare.gov Help Line at 1-800-318-2596.

Affordable Care Act Information for Workers and Families

ANNUAL NOTICE

CHIPRA Notice

CHIPRA (Children's Health Insurance Program Reauthorization Act of 2009) imposes an annual notice requirement on employers that maintain group health plans in states that provide premium assistance subsidies under a Medicaid plan or a Children's Health Insurance Plan (CHIP).  Employers that maintain a group health plan in a State that provides assistance under Medicaid or CHIP must notify ALL employees of potential opportunities for premium assistance in the State in which the employee resides.  Signing this acknowledgement indicates you have been notified of this annual notice.

CHIPRA Fact Sheet

CHIPRA Notice (Expires 1/31/2023)

The Department of Labor (DOL), through its Employee Benefits Security Administration (EBSA), has released a new model Employer CHIP Notice with information current as of July 31, 2020. As a reminder, the Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA) imposes an annual notice requirement on employers that maintain group health plans in states that provide premium assistance subsidies under a Medicaid plan or a Children’s Health Insurance Plan (CHIP). An employer can choose to provide the notice on its own or concurrent with the furnishing of:

• Materials notifying the employee of health plan eligibility;

• Materials provided to the employee in connection with an open season or election process conducted under the plan; or

• The summary plan description (SPD).

The DOL updates the model notice each year to reflect any changes in the number of states offering premium assistance programs, as well as the contact information for those states.

ANNUAL NOTICE Medicare Part D Creditable Coverage Notices

Employers who sponsor group health plans that offer prescription drug coverage to Medicare-eligible individuals must provide a Medicare Part D Creditable or Non-Creditable Coverage Notice to those individuals before October 15 (2022).

Model Notice Creditable Coverage

Model Notice Non-Creditable Coverage

https://www.cms.gov/Medicare/Prescription-Drug-Coverage/CreditableCovera...

These notices inform Medicare-eligible individuals whether the plan's prescription drug coverage is expected to pay, on average, as much as the standard Medicare prescription drug coverage (meaning it is "creditable").