The Department of Labor (DOL) has published a new batch of Frequently Asked Questions (FAQ) about the Affordable Care Act (ACA). These questions come from ACA stakeholders and the DOL publishes them to facilitate compliance with certain ACA mandates. This FAQ clarifies that it is permissible for a 3rd party to send the Notice of Coverage Options on behalf of an employer to satisfy the employer’s obligations under FLSA section 18B. This particular notice must be sent by employers to all current employees no later than October 1, 2013.
Another FAQ addresses PHS Act section 2708, which provides that a group health plan or health insurance issuer offering group health insurance coverage shall not apply any waiting period that exceeds 90 days. On March 21, 2013 DOL published interim guidance on this issue providing that other conditions for eligibility under a plan are generally permissible unless the condition is designed to avoid compliance with the 90-day waiting period limitation. The new DOL FAQ reiterates this position and indicates that this guidance will be effective through 2014 at a minimum.
The FAQ can be found at http://www.dol.gov/ebsa/faqs/faq-aca16.html.