Notice of Exchange: What Employers Need to Know

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What is the Notice of Exchange?

The Patient Protection and Affordable Care Act (PPACA) Notice of Exchange establishes an employer notice requirement to inform employees of the health insurance Marketplaces/Exchanges in effect 2014.

What has to be included in the notice?

  • Existence of the Exchange
  • Description of services provided by the Exchange
  • How to get assistance on the Exchange
  • Employee potential eligibility for subsidized coverage on the Exchange if the employer-sponsored group health plan does not provide minimum value
  • The fact that the employee may lost the employer contribution towards health coverage if the employee chooses to instead purchase individual coverage on the Exchange

I don’t offer an employer-sponsored plan to my employees. Do I still have to provide this notice?

Yes. This part of PPACA is an amendment to the Fair Labor Standards Act (FLSA). Employers subject to FLSA are required to provide the notice.

Do I have to provide this notice to all of my employees?

Employers must provide this notice to all employees, regardless of whether they are eligible for the employer-sponsored health plan, or are full or part-time.

How do I distribute the notice?

US Mail or electronically as long as employees have work-related computer access that is integral to their job duties. All other employees must affirmatively consent to electronic disclosures.

When do I have to provide the notice to employees?

By October 1, 2013. For new employees, employers must provide the notice within 14 days of the employee’s start date, beginning October 1, 2013.

Are there model notices?


For employers with a sponsored group health plan

For employers without a group health plan

There is also a new model notice for COBRA.


Where can I get more information? 

AFG clients can call their dedicated Account Manager for information on how we are assisting with the creation of these notices.