Although the one-year delay in the effective date of the pay-or-play provisions of the Affordable Care Act (“ACA”) (until January 1, 2015) gives employer-sponsored health plans more time to prepare for those requirements, many ACA provisions will take effect on January 1, 2014. Employees are asking for information regarding these changes and the Department of Labor is already including ACA requirements in its benefit plan audits. The target keeps moving. Here is what you need to do NOW to ensure that your health plan is in compliance on January 1, 2014 and that you are prepared for what's coming: 

• Distribute the required Notice informing your employees about their coverage options by October 1, 2013 and to all new hires after October 1, 2013.
• Determine if your plan will have “grandfathered” status in 2014.
• Confirm that required plan design changes are in effect for 2014, including:

• Elimination of annual limit on essential health benefits.
• Elimination of pre-existing condition exclusions for new enrollees.
• Limiting waiting period for enrollment to 90 days.
• Elimination of restrictions related to participation in clinical trials (non-grandfathered plans only).
• Conform cost-sharing provisions to ACA requirements (non-grandfathered plans only).
• Provide coverage for ACA “essential benefit” categories (insured plans in individual and small group markets only).

• Timely provide updated Summaries of Benefits & Coverage.
• Develop strategies on how to use the rest of 2013 and 2014 to plan for ACA provisions that will go into effect in 2015, including (1) pay-or-play provisions, such as determination or confirmation of applicable larger-employer status and how to determine full-time employee status; and (2) reporting requirements.
• Consider alternative options to continuing to provide health care coverage for your various categories of employees.
• Implement cafeteria plan changes related to ACA and repeal of DOMA.
• Bring wellness programs into compliance with ACA.
• Prepare to pay ACA reinsurance fees (self-insured plans only).
• Make sure you are complying with the final HIPAA rules concerning “protected health information” that went into effect on September 23, 2013.