"This information, at this late date, is more confusing than it is helpful to employers who have already invested significant resources in preparing to deliver the Notice of Exchange. The wording of the FAQ says that employers 'should' rather than 'must' provide the Notice, which is misleading ... Particularly for employers with pre-existing group health plans, the Notice of Exchange potentially could be viewed by the DOL as within the scope of the employer's required disclosures to participants and thus within the scope of an ERISA audit[.]"  MORE >>