Employer Exchange Notification Requirement

Effective October 1, 2013, employers must notify new and existing employees in writing about their state’s health benefit exchange and advance premium tax credits available through the exchange to help them purchase individual coverage. The requirement is contained in Section 218b of the federal Fair Labor Standards Act of 1938. The U.S. Department of Labor is charged with issuing regulations providing more specific guidance on the notice but has not yet done so. Section 218b requires the following information be included in the notice: