If your employee goes to an Insurance Marketplace (or Exchange) and receives a subsidy, the Marketplace begins a complex trail of communication and paperwork with the employer to validate offering and earnings. If you haven't seen one of these Notices yet, it is likely you will be seeing them very soon.

The Centers for Medicare & Medicaid Services (CMS) had indicated that employers should begin to see Federally Facilitated Marketplace (FFM) Notices (for the first time in many states) in Spring 2016. At least 38 states rely on the FFM technology platform to produce these notices. It has been confirmed that employers are now receiving them. A sample employer notice has been released.

Employees may be eligible for a subsidy towards Insurance Marketplace coverage if the employee was not offered minimum essential coverage or was offered minimum essential coverage, but the coverage either was not affordable or did not provide minimum value. To date, Marketplaces have had to rely on the employee's attestation regarding details of any coverage offered by the employer. These employer notices are intended to offer the employer an opportunity to review and contest the subsidy award, if appropriate.

So what does this mean for you? Read the latest Eye on Washington for vital information that can help you understand the impact to your business, such as:

·Exactly which states will these Notices be coming from?

·Where are these notices sent?

·How should you respond?

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