As with most new government rules,
they start out like Abbott and Costello’s “who’s on first”. The Affordable Care Act is no exception.
We have heard the term
"exchanges" for a long time now. The federal government has come out
with multiple notification documents that now use the term
"marketplace" instead of “exchange”.
Did they tell anybody that they changed the terminology? Are you kidding me…no….they just published
new stuff using the new term.
They have come out with a
model/template of a notice that will need to be given to employees informing
them about the marketplace and employer coverage.
The question we don't have the
answer to, is who will own the responsibility for these notices?
It IS clear that it will be the
employer’s responsibility to disseminate notices to employees. That includes an
initial notice as well as a COBRA rights notification that includes the marketplace
(exchange) information.
What is NOT clear is who will
provide the employer with those notices so that they can be disseminated them
to employees. Will it be the insurance broker? or will it be the health insurance provider? or neither of the
aforementioned. Or will it be the employer’s responsibility to scour the
Internet for the forms and decide when/if they should be disseminated? Herein lies the “who’s on first” comparison.
To the best of my knowledge, no one
has taken ownership yet. Who knows if they ever will!
My personal opinion is that it should
be the insurance broker’s responsibility to provide the forms, and accompanying
instructions, to the employers. No offense
to any of the brokers, but when they sell a product (i.e. health insurance)
they should be providing the service and expertise to support that product.
If you want to do some of your own
research, you can find the forms, and additional information, on the federal
government's Employee Benefits Security Administration web site at: http://www.dol.gov/ebsa/
As an employer, I don’t think you
can “afford” to be under informed!
