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Oct 7, 201312:32 PMForward HR

with Diane Hamilton and Nilesh Patel

Obamacare compliance tips for employers

(page 1 of 2)

October typically signifies the start of open enrollment season in the workplace. This is the time of year when employees can switch health insurance plans and add or drop benefits. This year, open enrollment has a special significance and a dual meaning because of the Affordable Care Act (aka Obamacare).

As of Oct. 1, the phrase “open enrollment” should really mean open enrollment for employer plans and open enrollment under the Affordable Care Act (ACA). These are two parallel enrollment periods. Employers will have to communicate their own open enrollment options and time frames to employees. Additionally, employers also have responsibilities because of the ACA.

Open enrollment under the Affordable Care Act

For benefit year 2014, the ACA’s open enrollment period runs from Oct. 1, 2013 through March 31, 2014. During this time, individuals can enroll in a qualified health plan in the health care exchange/marketplace. To help individuals learn about the existence of the health care marketplace and the options available through it, the law mandates that employers provide a notice to current and newly hired employees.

The notice must be provided by every employer subject to the Fair Labor Standards Act — the law that regulates minimum wage and overtime obligations. If your workplace differentiates between employees who are exempt and nonexempt or subject to minimum wage and overtime pay, your organization is likely covered by the Fair Labor Standards Act and will need to provide the open enrollment notice, regardless of whether you have a small or large business.

Starting Oct. 1, the notice must be provided to newly hired employees within 14 days of hire. Current employees should already have received the notice by Oct. 1. The notice must inform employees that:

1.     There is a new health care marketplace. (It should also include contact information and a description of the services provided through the marketplace.)

2.     Individuals may be eligible for a premium tax credit for purchasing a qualified health plan through the marketplace.

3.     Individuals purchasing through the marketplace may lose contributions to health care benefits provided by their employer, and they may also lose federal tax benefits. In other words, an individual who purchases from the marketplace may forfeit employer contributions to health care plans and will have to fully fund the health care purchase using personal after-tax funds.

Fortunately, employers do not have to provide a separate notice to others who may be eligible for coverage, such as employees’ spouses or other dependents.

Model notices available

Notices must be written in such a way that an “average” employee would understand them. The U.S. Department of Labor has model notices available for employers to use. While there is no obligation to use these model notices, using them may eliminate the need for an organization to create its own notice. Presumably, the Department of Labor’s model notices satisfy the “understood by an average employee” standard.

1.     Employers that offer health plans for some or all employees should use this notice. A Spanish version is also available.

2.     Employers that DO NOT offer health plans should use this notice. A Spanish version is also available.


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About This Blog

 Diane Hamilton, PCC, SPHR, is the owner and founder of Calibra, a coaching and consulting firm focused on maximizing leadership potential. Nilesh Patel is the principal attorney of the Mahadev Law Group, LLC, which focuses on human resources and employment law issues for organizations. He can be reached at Both bloggers are members of Wisconsin SHRM, which is dedicated to being the state leader in HR management and the premier source for HR expertise and resources. More information can be found at You can follow the WI SHRM blog at



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