School Law Advisor Blog

Affordable Care Act Notices

         Federally Facilitated Marketplace Notices ("Marketplace Notices") are beginning to be issued from the health insurance marketplaces (where employees may purchase insurance and receive tax credits to subsidize their purchase in the event an employer fails to offer insurance.  A sample Marketplace Notice may be viewed here.
 
          Employers have a limited amount of time to respond to a Marketplace Notice (90 days from date of Notice - NOT date of receipt) to appeal if the employer believes the notice has been sent in error.  First steps to assessing a Marketplace Notice include verifying the employee is in fact employed by the employer and a full-time (or equivalent) employee.  Then confirm whether an offer of affordable coverage that provides minimum value was made to the employee.  A challenge can be made by completing an Employer Appeal Request Form, or submitting a letter with the employer name, employer ID number, primary contact name, phone number, and address, as well as the reason for the appeal.  Include the date of the marketplace notice, when received, and the employee's information.  These materials are submitted to the Department of Health and Human Services, Health Insurance Marketplace, 465 Industrial Blvd., London, KY 40750-0061.
 
           Be on alert that Marketplace Notices are sent to addresses provided by the employee.  This may not be the preferred address for the employer.  Because of the time limits, assure individuals receiving official mail in all locations timely act to address these Notices or direct those to the appropriate individuals.