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Covered California and Obamacare related questions from consumers, employers and agents are answered by Phil Daigle with the best information available at the time. Archived entries may no longer be accurate as the Covered California and Obamacare knowledge-base is evolving quickly. TO REQUEST A PERSONAL RESPONSE INCLUDE EMAIL ADDRESS.

Employer Responsibilities to Disclose Information to Employees

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Question: I have seen this on many ACA timelines, but have not seen any guidelines on how employers are supposed to notify their employees, or what specific information must be included. Have those guidelines been set? Where can I get more information on how employers notify their employees of Exchanges?

Answer: The ACA places three requirements on employers to disclose information to employees either at the time of hire or by March 1, 2013 for current employees:

  1. Employers must provide written notice informing employees about the state’s Exchange, including a description of how the employee may contact the Exchange for assistance.
  2. The employer must notify employees if the plan offered by the employer is inadequate, meaning it does not meet the actuarial value of 60 percent. The employer must let employees know that they may be eligible for a premium tax credit and a cost-sharing reduction if they purchase a health plan through the Exchange.
  3. Employers must notify employees that if they purchase a health plan through the Exchange, the employee may lose the employer’s contribution to health benefits offered by the employer.


Yes Sarah. We won’t know what the actuarial values are until the 2014 plans become available in October. Both of the employer responsibilities you addressed will probably not go into effect until the end of 2013.

I know that the notice to employees informing them about the exchange has been delayed past March 2013 but has #2 also been delayed - the part about employers notifying employees if the group plan does not meet the 60% actuarial value? I’ve asked the carriers if they can tell me the actuarial value for our clients’ current plans and no one has a clue.

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