The Department of Labor's Employee Benefits Security
Administration (EBSA) has issued its 16th set of Frequently Asked Questions (FAQs)
on the Affordable Care Act's (ACA) implementation. The latest
guidance addresses questions on the notice of coverage options
available through the future health exchanges, and the limits on
waiting periods for coverage.
The ACA added a new section to the Fair Labor Standards Act
(FLSA) that requires employers to notify employees of their health
coverage options through the Exchanges. Earlier this year, the EBSA
issued
Technical Release 2013-02, which provided temporary guidance on
this requirement as well as model notices.
According to the new FAQs, an employer will have fulfilled its
notice obligation if another party – such as an issuer,
multiemployer plan, or third-party administrator – provides
"timely and complete notice." For an employer to be
relieved of its notice obligation in this instance, the third party
must provide
