Wisconsin Independent Businesses

Wisconsin small, independent businesses owners need a voice in state government. WIB has a full-time lobbyist who advocates on behalf of the needs and concerns of small, independent businesses.

 

October 1, 2013 ACA Notice Requirements for Employers

Confusion reigns regarding the Patient Protection and Affordable Care Act ("PPACA") and obligations to provide notices to employees of information regarding the new Health Insurance Market Place ("Exchanges") by no later than October 1, 2013. 

WIB has received numerous calls and inquiries concerning the October 1, deadline over the past several days.  Understandably, some of the requirements of the PPACA get lost in the myriad of news reports and debates about extending time limits and attacks on program funding. 

WIB is therefore publishing an article by Andy DeClercq with links to model notices. Andy is an attorney with Boardman & Clark, LLP - the law firm retained by WIB to assist WIB members.

In the meantime, a couple of key issues include:

Number of Employees:  The October 1, 2013 Notice Deadline is not limited to employers with more than 50 employees.  The Notice requirement applies to all employers covered by the Fair Labor Standards Act ("FLSA").  The FLSA covers all employers with at least one employee and at least $500,000 annual business revenue.

Employer Coverage:  The October 1, 2013 Notice Deadline is applicable whether or not the employer offers any health insurance to its employees.  The model notices used will be different for employers offering health plans from those who do not.

Full vs. Part-Time Employees:  The Notice requirements are applicable to both full and part-time employees.

New Hires:  Employees hired after October 1, 2013, must be provided applicable notices at the time of hire or within 14 days thereafter.

COBRA Notices:  Required COBRA notices for employees have been modified to reflect information on the exchanges. 

Video of the Week - 11/25

The SHOP Marketplace in Open

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News of the Day - 7/23

U.S. Courts Split on ObamaCare Aid for U.S. Exchanges

Two U.S. appeals courts reached opposite conclusions on the legality of a key financing provision of the Affordable Care Act, increasing the chances of another showdown at the Supreme Court over President Obama's signature health-care law.

In a 2-1 ruling by a majority of judges appointed by Republican presidents, a U.S. appeals court in Washington struck down an Internal Revenue Service rule allowing tax subsidies to needy customers on the insurance exchange run by federal authorities, saying Congress authorized payments only to state-run marketplaces.

A panel of three judges in Richmond, Virginia appointed by Democratic presidents reached the opposite conclusion hours later, ruling that while the language of the law is ambiguous, the IRS had the discretion to write rules for the Patient Protection and Affordable Care Act.

The government will immediately seek review of the Washington court’s decision, and in the meantime nothing has changed for people getting premium tax credits, Justice Department spokeswoman Emily Pierce said.


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