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Are Employers Liable for Failing to Provide Marketplace Notice?

Posted 7:55 PM by

As of Sept. 16, 2013, the Department of Labor (DOL) posted a new FAQ clarifying that no fine or penalty will apply to an employer who fails to provide its employees with the notice about the health insurance marketplaces. Read more.

KSM previously wrote on this topic (see Employer Notices Regarding Health Care Exchange Due Oct. 1, 2013), and it was generally assumed the failure to provide said notice would result in a $100 per day penalty for noncompliance. However, the penalty provision had not been made explicit in any previous guidance, nor had the regulators described how the penalty would be implemented and enforced. 

Source: CCH

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