by Phil Larson
We have all heard a lot of informaiton about the employer fair share requirement and some information on the 90 day waiting period rules.
What we have not heard much about is the automatic enrollment rules and non-discrimination rules under the Affordable Care Act (ACA). The automatic enrollment rules will default participants into coverage unless they elect out of coverage. The non-discrimination rules which are meant to be for insured plans, may also have some implications for self-insured plans. Both of these are delayed until further guidance.
Careful consideration of plan eligibility rules should keep a watchful eye on these two future rules. If your organization makes big changes now, those changes may have bigger implications when these rules become effective. UPDATE: On November 2015, the Bipartisan Budget Act of 2015 (H.R. 1314) repealed the automatic enrollment rule under the ACA. Specifically, the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended by repealing section 18A (as added by section 1511 of the Patient Protection and Affordable Care Act (Public Law 111–148)).
We have all heard a lot of informaiton about the employer fair share requirement and some information on the 90 day waiting period rules.
What we have not heard much about is the automatic enrollment rules and non-discrimination rules under the Affordable Care Act (ACA). The automatic enrollment rules will default participants into coverage unless they elect out of coverage. The non-discrimination rules which are meant to be for insured plans, may also have some implications for self-insured plans. Both of these are delayed until further guidance.
Careful consideration of plan eligibility rules should keep a watchful eye on these two future rules. If your organization makes big changes now, those changes may have bigger implications when these rules become effective. UPDATE: On November 2015, the Bipartisan Budget Act of 2015 (H.R. 1314) repealed the automatic enrollment rule under the ACA. Specifically, the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended by repealing section 18A (as added by section 1511 of the Patient Protection and Affordable Care Act (Public Law 111–148)).