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DOL Says No Fines For Failing to Provide Notice

September 17, 2013 by Bill Enright

On September 11, 2013, the Department of Labor (DOL) issued a Frequently Asked Questions (FAQ) document on the Notice of Exchange penalties. While the ACA requires that all employers to provide a written Notice of Exchange to new and current employees, the FAQ states there is no fine or penalty under the ACA for failing to provide the notice.

There are many reasons you may still want to provide the notice to all employees. One of those reasons is that it may help you avoid answering multiple questions during open enrollment. The notice answers employee questions about what the exchange is, how your health plan is different than the exchange plans and whether or not your plan is intended to be affordable and provide minimum value.

The notice also directs employee to get their questions answered by going to

For more information, please see the Health Care Reform Bulletin, “FAQ on Exchange Notice Penalties”

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Erin Woulfe
Erin Woulfe
Erin Woulfe likes to write about things that matter. Keeping her finger on the pulse of what’s happening in the public sector world, she blogs about the latest legislative news and employee benefit trends that affect our school, city and county clients. She’s been with NIS since 2002. “I love connecting to our clients and providing them with the tools they need in order to administrate their plan,” says Erin. “Whether that be materials to educate their employees on certain benefits, how to effectively communicate change within an organization or just providing tips and how-to’s to help them make their job easier.”

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