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No Statutory Penalties If Employers Fail to Provide the Exchange Notice, But Significant Exposure Remains
Smith, Gambrell & Russell, LLP 
[Guidance Overview] Sept. 16, 2013 "[A] blatant disregard of the requirement to provide the Exchange Notice could expose an employer to lawsuits if one or more employees are unhappy with their coverage situations. These lawsuits would likely not be preempted by ERISA and could, for example, be brought in state court based on tort or general common law theories. A purposeful and total failure to provide Exchange Notices would likely be viewed by a court as different from the situation in which an employer makes a good faith effort and just misses a few employees." MORE >> |
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