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Health Insurance Marketplace Notice — Employers Offering Coverage

DOL exchange notice for employers that offer a health plan. Provide to all new hires (even plan-ineligible) within 14 days of hire. Complete Part B employer info per client.

Companies Eligible

Every employer covered by the Fair Labor Standards Act that offers a group health plan.

Goes to all new employees, including those who will never be eligible for the plan. Employee count and ALE status do not matter.

What it is

The DOL model notice under FLSA section 18B explains the Marketplace and premium tax credits, and Part B describes the employer's plan: who is eligible, whether dependents are eligible, and (optionally) whether the coverage meets minimum value and what the employee pays. Employees may ask for the optional section completed when they apply for a premium tax credit.

What needs to be done

  • When: To every new employee within 14 days of the start date.
  • To whom: All new hires, eligible or not.
  • Who performs: HR, in onboarding.
  • Customize: Part B per client: employer details, eligibility classes and waiting period, dependent eligibility, and the optional minimum-value and cost section. Keep it consistent with the offer coded on the client's 1095-Cs.
  • Deliver: First-class mail, hand delivery, or electronically under the DOL safe harbor.
  • Keep: A dated copy in the new-hire checklist; the Part B version in use.

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