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                                                                                                              Healthcare Reform Fraud Alert

The National Association of Insurance Commissioners (NAIC) is warning of consumer fraud under the guise of the Affordable Care Act mandates.  Scammers are preying on the general public's lack of knowledge about the Affordable Care Act by attempting to gain personal and financial information online with the offer of individual health insurance policies through the Exchange.  The Federal Exchange is not open until October 1.  Read the following article from Life Health Pro highlighting the NAIC's fraud alert:


                                                                                                            ATTENTION EMPLOYERS

As mandated by the Affordable Care Act (ACA), every employer, regardless of number of employees or if health insurance is or isn't offered, must distribute a notice about the Health Insurance Marketplace of Oklahoma (also referred to as the Exchange) to each employee.

The deadline to send Health Insurance Marketplace Notices to employees is October 1.

The October 1 deadline for employers to distribute notice about the Health Insurance Marketplace of Oklahoma to employees is approaching.  Below are some frequently asked questions and answers about the notice.

What is the Marketplace Notification?
Employers who are subject to the Fair Labor Standards Act (FLSA) have to send a notice to employees about new coverage options through the Marketplace.

To which employers does this apply?
According to the Department of Labor, the FLSA applies to employers that employ one or more employees who are engaged in, or produce goods for, interstate commerce.  For most employers, a test of not less that $500,000 in annual dollar volume of business applies.

The FLSA also specifically covers the following entities:  hospitals, institutions primarily engaged in the care of the sick, the aged, mentally ill or disabled who reside on the premises; schools for children who are mentally or physically disabled or gifted; preschools, elementary and secondary schools, and institutions of higher education; and federal, state and local government agencies.

What information do employers need to provide?
The employer is required to provide the information on the first page of the notice.  The second page (included for employers who offer health insurance) is optional.

What is the deadline for distributing the notice?
Employers are required to provide the notice to each new employee at the time of hiring beginning October 1, 2013.  For 2014, an employer has to provide the notice within 14 days of any employee's start date.  With respect to employees who are current employees before October 1, 2013, employers are required to provide the notice by October 1, 2013.

By what method does the employer have to distribute the notice?
The notice is required to be provided automatically, free of charge.  It can be provided in writing either by first-class mail, or electronically if the department's electronic disclosure safe harbor requirements are met.

If there a model notice that employers can use?
Yes.  The federal government has released model notices for employers that provide a health insurance plan and for those that don't.  Employers can use these notices until the federal government releases final notices.

Model Notices for both employers who offer health insurance and those who do not are available at the Department of Labor website:

If you have any questions about these notices, contact us at (580) 223-7300.

Disclaimer: The information provided is only intended to be general summary information.  It is not intended to take the place of written law or regulation.  This information is subject to change, and state and federal interpretation of the Affordable Care Act.

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