As the end of 2012 comes to an end, we look forward to 2013, and March 1 isn’t far away. March 1, 2013 is currently set as the date that employers were expected to have a notice of exchanges to employees.
Recent informal comments, though, suggest that the DOL will extend that deadline. The DOL is interpreting the statuatory language for the notice of exchange similar to the statutory language for automatic enrollment.
Under this interpretation, the notice would not be required until after the DOL provides regulations, which hasn’t happened yet. Look for guidance in the coming weeks regarding the interpretation and extension.
In addition, the informal comments suggested that regulations would include sample language. Since states are still determining whether to offer an exchange, the DOL indicated that the focus will be to get the notice to employees before the fall 2013 enrollment period.