124 STAT. 252 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘SUBPART D—INFORMATION REGARDING HEALTH INSURANCE COVERAGE’’. (e) EFFECTIVE DATE.—The amendments made by this section shall apply to calendar years beginning after 2013. PART II—EMPLOYER RESPONSIBILITIES SEC. 1511. AUTOMATIC ENROLLMENT FOR EMPLOYEES OF LARGE EMPLOYERS. The Fair Labor Standards Act of 1938 is amended by inserting after section 18 (29 U.S.C. 218) the following: ‘‘SEC. 18A. AUTOMATIC ENROLLMENT FOR EMPLOYEES OF LARGE EMPLOYERS. ‘‘In accordance with regulations promulgated by the Secretary, an employer to which this Act applies that has more than 200 full-time employees and that offers employees enrollment in 1 or more health benefits plans shall automatically enroll new full- time employees in one of the plans offered (subject to any waiting period authorized by law) and to continue the enrollment of current employees in a health benefits plan offered through the employer. Any automatic enrollment program shall include adequate notice and the opportunity for an employee to opt out of any coverage the individual or employee were automatically enrolled in. Nothing in this section shall be construed to supersede any State law which establishes, implements, or continues in effect any standard or requirement relating to employers in connection with payroll except to the extent that such standard or requirement prevents an employer from instituting the automatic enrollment program under this section.’’. SEC. 1512. EMPLOYER REQUIREMENT TO INFORM EMPLOYEES OF COV- ERAGE OPTIONS. The Fair Labor Standards Act of 1938 is amended by inserting after section 18A (as added by section 1513) the following: ‘‘SEC. 18B. NOTICE TO EMPLOYEES. ‘‘(a) IN GENERAL.—In accordance with regulations promulgated by the Secretary, an employer to which this Act applies, shall provide to each employee at the time of hiring (or with respect to current employees, not later than March 1, 2013), written notice— ‘‘(1) informing the employee of the existence of an Exchange, including a description of the services provided by such Exchange, and the manner in which the employee may contact the Exchange to request assistance; ‘‘(2) if the employer plan’s share of the total allowed costs of benefits provided under the plan is less than 60 percent of such costs, that the employee may be eligible for a premium tax credit under section 36B of the Internal Revenue Code of 1986 and a cost sharing reduction under section 1402 of the Patient Protection and Affordable Care Act if the employee purchases a qualified health plan through the Exchange; and ‘‘(3) if the employee purchases a qualified health plan through the Exchange, the employee will lose the employer contribution (if any) to any health benefits plan offered by the employer and that all or a portion of such contribution may be excludable from income for Federal income tax pur- poses. Deadline. 29 USC 218B. 29 USC 218A. 26 USC 6055 note.
