Keeping It Simple: Why Obamacare Is Not Delayed e.g. OMB 1210-0149 Healthcare Exchange Disclosure Notice


[Attention: Small Employers should read about huge penalties beginning August 2015]

[Attention: Anthem Blue Cross plan holders should read Anthem cancels CovCA plans for majority of California beginning 2018]

This is a form 1210-0149 update to a previously published Coverage California article  (for the latest Coverage California article about looking for affordable coverage, click here), and the update focuses on some key points in distributing a special notice to employees i.e. the so-called Obamacare Healthcare Exchange disclosure notice omb no. 1210-0149, which was required by almost all employers by October 1, 2013.  Don’t overlook the fact that on an ongoing basis, it must be distributed to new employees in a timely manner e.g. 14 days.  Read on or get help by registering with Eventbrite…

As the individual marketplace continues to deteriorate, the small group market has gained a firmer footing, including stable PPO networks and easier participation rules with Kaiser and traditional PPO plans.  Is it time to review available small group plans?   Reserve your appointment early for Open Enrollment, which begins this November.  Find local assistance in San Jose, Santa Clara and the San Francisco bay area or via telephone, throughout Northern and Southern California..

or view online pricing, free of charge

Key Points For Small Business Employers (Technical Notice 2013-02)

VSP Individual Plan Application Link

VSP Quotations

Employers must provide a notice of coverage options to each employee, regardless of plan enrollment status (if applicable) or of part-time or full-time status.  This means just about everybody:

  • Current employees:  Employers must provide this notice by October 1, 2013.
  • New Hires:  Employers are required to provide the notice to each new employee at the time of hiring beginning October 1, 2013.
  • Timing: The notice should be provided within 14 days of an employee’s start date.
  • Distribution Method: The notice may be provided by 1st class mail or it may provided electronically if the requirements of the Department of Labor’s electronic disclosure safe harbor at 29 CFR 2520.104b-1(c) are met.

 Download Healthcare Exchange Notice OMB 1210-0149

  1. Employers with an existing health plan must use this form:
  2. Employers with no existing health plan must also comply, and would use this alternate plan.
  3. In Spanish (no existing health plan) and Spanish (existing health plan)español

What happens if you do not comply?  Are there penalties for noncompliance with this healthcare exchange notice rule?  On September 11, 2013 the Department of Labor EBSA website provided an update to answer this question.  While the short answer is there is no specific DOL penalty fine (currently) for failing to comply, that is not to say California law will let you off the hook so easily.  Play it safe and distribute the notice on time.

For additional employer requirements under the Affordable Care Act legislation click here.  For rate comparisons of new group health plans, click here.  For non-group e.g. individual family plans click this link.

Remember, Open Enrollment begins November 15th:  Changes are coming to certain PPO networks.  If you did not use a Certified Agent last year, now is a good time to find one.

Finally, some good news…

Announcing the new VSP Individual Plan, great for the self-employed who can often write-off the premiums (but usually not the cost of self-insuring vision care).

Watch the VSP’s new vision care video for Individuals, Families, Retirees, and especially, the self-employed:VSP Video

8 thoughts on “Keeping It Simple: Why Obamacare Is Not Delayed e.g. OMB 1210-0149 Healthcare Exchange Disclosure Notice

  1. Cindy King

    How will the Affordable Care Act effect me. I live in CA., over 60 and currently not working or have healthcare. Will I need to go through California Care?

  2. Mario Perez

    On the sample notice for COBRA, there is a form with the DOL seal talking about the marketplace on Part A, and a form the employee completes which is Part B. Are those now to be included with the employees COBRA notices and if so, is it ok to edit it in the section where it indicates how to get more info from their employer?

  3. Dennis

    I work for a small business with only three employees. We do not have coverage as an option. Does this mean my employer has to obtain coverage for us?

    1. Coverage California Post author

      Hi Dennis, No, the law exempts employers with under 50 full time equivalent employees from the “pay or play” penalties. That said, there are specific actions small employers need to do under the new law e.g. distribute the correct exchange disclosure notice to employees within the time prescribed by the regulations. The purpose of this notice is to inform employees of the opportunity to buy affordable health plans through the new exchange (and possibly qualify for premium assistance). If you have follow-up questions, email us at

  4. Pingback: Obamacare Penalty Tax - Coverage California

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