Does the looming deadline of October 1 for getting the Notice of Exchange out to all of your employees have you in a panic?
Your thrid party administrator (TPA) may be able to help. The Department of Labor, with the Department of Health and Human Services and the Treasury issued a FAQ (Part XVI) clarifying that TPAs, carriers and MEWAs can send the Notice of Exchange on behalf of the employer. Employers looking for assistance cannot, however, expect to have their burden alleviated entirely by a TPA or carrier willing to assist. It is important to remember that the Fair Labor Standards Act section 18B (added by section 1512 of the Affordable Care Act) requires employers to provide the notice to all employees, regardless of whether an employee is enrolled in, or eligible for, coverage under a group health plan. The carrier, MEWA or TPA willing to assist may not have information on your employees beyond those enrolled in the plan. Ultimately, it is the employer’s responsibility to ensure that every employee receives a Notice of Exchange. If the TPA, carrier or MEWA cannot help with those employees not enrolled, the employer should be careful to ensure their obligation to the non-enrolled employees is satisfied. Refer back to the temporary guidance provided in Technical Release 2013-02 for more infromation on the Notice of Exchange obligation.
