Affordable Care Act: Notice of Coverage Options

Beginning January 1, 2014, individuals and employees of small businesses (including churches) will have access to insurance coverage through the Affordable Care Act’s (ACA) Health Insurance Marketplaces (also known as Exchanges). Open enrollment for the Marketplaces begins October 1, 2013. The ACA requires that employers provide a written notice to all employees regarding the Marketplace. The notice must be provided to all current employees by October 1, 2013. Those beginning employment on or after October 1, 2013, must receive the notice within 14 days of their first day of employment. It must be provided to all employees regardless of plan enrollment status, part-time or full-time status, or their eligibility to participate in your plan. Employers are not required to provide a separate notice to dependents.

Two model notices called Notice to Employees of Coverage Options (Notice) have been provided by the Department of Labor (DOL). One Notice is for employers who do not offer a health plan (two pages); and one is for employers who offer a health plan to some or all employees (three pages). Employers can use one of these models “as is,” customize the model, or create their own notice, as long as the notices contain required content as outlined in the Technical Release No. 2013-02 on the DOL’s website. Either of the Notices can be copied for you to use. It should be hand-delivered or mailed via first class mail.

The Notice for employers who offer a health plan also has basic information about health care coverage including a question regarding the minimum value standard and plan affordability. Please note that if you are enrolled in the PremierHealth plan, the MVS is met.

For additional information on the Notices, we encourage you to review the Technical Release No. 2013-02. If you have any questions, please reach out to our senior benefits specialists at 800.986.6222 or service@mmbb.org.

You can download the notices at the following websites:



  • www.dol.gov/ebsa/pdf/FLSAwithoutplans.pdf
  • www.dol.gov/ebsa/pdf/FLSAwithplans.pdf