EP can help you meet the
Notice of Health Insurance
October 1 was the deadline for production companies to both distribute the Notice of Exchange (NOE) to existing employees and begin providing to all new hires. EP has created a quick and easy way for you to generate your NOE template yourself. Simply input your information and an NOE template will be generated and emailed to you immediately.
As you may be aware, the federal health care reform law, known as the Patient Protection and Affordable Care Act (ACA), imposes a requirement on employers with 50 or more full-time employees or equivalents to offer substantially all of their full-time employees affordable and adequate health coverage or pay a penalty tax to the IRS for not doing so (the Employer Mandate). As the employer controlling the worker’s day-to-day functions, this responsibility falls on the production company.
Though the Employer Mandate deadline has been extended to January 1, 2015, many employers are preparing to be compliant as of January 2014. More importantly, regardless of whether your company intends to begin your program in 2014 or 2015 or whether the Employer Mandate even applies to your production company, action is required on your part in compliance with recently issued U.S. Department of Labor (DOL) guidance regarding the government health insurance exchanges.
Watch our Notice of Exchange video for information about what you need to do.
Please read through the information below for details on what you are required to do and how Entertainment Partners (EP) can help you.
Pursuant to DOL regulations issued in May 2013, employers must distribute a notice to all current employees (including union, non-union, full-time, and part-time) about government health insurance exchanges (Exchanges) on or before October 1, 2013. Any new hires on or after that date and through 2014 must be provided the notice within 14 days of hire. Beginning in 2015, the NOE must be provided on the date of hire.
The notice-of-exchange (NOE) rule covers all employers subject to the Fair Labor Standards Act, regardless of whether those employers would be subject to the Employer Mandate. The NOE requirement is not impacted by the delay of the Employer Mandate to 2015.
Two Versions of NOE
The DOL has published two model NOEs for employers:
Each consists of two sections. The first tracks minimum required information about the Exchanges. The second covers employer contact information and either basic information about health coverage offered (Version 1) or a representation that the employer does not offer coverage (Version 2).
Multi-Employer Health Plans
Production companies contributing to multi-employer health plans (e.g., MPIPHP, DGA, SAG, AFTRA, WGA), as a result of employing workers governed by collective bargaining agreements, may receive notifications from the plans to include information in the NOE for union/guild workers’ potential eligibility to participate in such plans. To limit multiplicity of NOEs on account of multi-employer plans, EP is developing standardized language for a single NOE addressing production workers in positions covered under a multi-employer plan and will share the language in the course of helping you prepare your NOE.
Timeline of Key Actions to Implement NOE Requirement
|By 10/1/2013||You distribute the NOE to all current employees on your projects by reproducing the customized template NOE from EP and distributing copies individually to each current employee.|
You distribute the NOE to all new hires on your projects as part of the start paperwork.
NOTE:Since it will be challenging to distinguish in real time who is a new versus returning current hire, EP recommends distribution of the NOE to every individual completing a Start Card. The EP Start Card will be updated to reflect the employee’s acknowledgment of receiving the NOE.
EP Cares™ Insurance Program Roll-Out
For production companies that plan to offer insurance, EP offers a health insurance solution designed to cover non-union production freelance personnel. Production companies can subscribe now. Open enrollment for production workers starts November 1, 2013. Coverage begins on January 1, 2014. EP Cares™ insurance is portable for the production worker among participating clients and is fully-insured by a single carrier to ensure superior pricing and efficiency.
Production companies are able to purchase the EP Cares™ insurance regardless of whether they are an EP payroll client.
Please visit our ACA Compliance Center on our website for more information about the EP Cares™ health insurance program. If you wish to enroll in EP Cares™, please contact us at email@example.com or 855.339.7350. (Should you decide to participate in the program, we will populate the employer health coverage portion on the first page of Part B in NOE Version 1 for you.)
The interplay between the Exchanges and the ACA is highly complex. We will be available to help you navigate through compliance every step of the way.
Thank you for your continued support of Entertainment Partners. If you have any questions about this alert or completion of NOE information, please contact our NOE response line at 855.500.2055 or email us at firstname.lastname@example.org.
Your ACA Advisory Team