Notice of Marketplace and minimum value

[Guest MHT]

Since many of the 2013 plans do not "fit" into the minimum value calculator (over $6,500 MOOP, etc.) and considering the carriers are not offering much assistance in this area, I am having difficulty determining whether to check the box indicating that the plans meet or not (see page 2 of the Model Notice). I understand already that half of this is contingent upon the "affordability" calculation but for those plans that do satisfy affordability, do we really need to get an actuarial review to determine the MV portion?

When reading the guidance, it seems to state that the Notice can be altered and I interpret it to possibly say that noting whether the 2013 plan meets MV can be left off completely. Here is the guidance http://www.dol.gov/ebsa/newsroom/tr13-02.html

Thoughts? TIA!

[Guest Taxxy McTaxerson]

Yes, that is right. You do not have to include the minimum value information in the notice.

[Flyboyjohn]

Well I respectfully diasagree (sort of). It's correct that the 3rd page is optional Part B on the 2nd page includes a question on MV and affordability.

Given that the purpose of the Notice is to inform employees of whether they might qualify for Marketplace subsidies the MV representation is necessary (and if you don't give it to them in the Notice they're coming back for it when they fill out their application).

So I'm advising employers to hold the carriers feet to the fire (with counsel intervention if necessary) to provide a certification of value.

Fortunately in our area (Virginia) the major carriers have all buckled to the pressure and issued letters certifying their current pre-ACA products meet MV.

[Guest MHT]

While page 2 isn't clearly marked optional like page 3 is, the Form & Content of the Notice guidelines of the DOL guidance do not state that you must note whether the plan meets minimum value. The model is optional and employers can create their own Notice, which is why I think we may be able to leave it off at this time.

I wish our carriers were as cooperative as the Virginia carriers!