EBSA will host April forum on health plan automatic enrollment

The Department of Labor's Employee Benefits Security Administration (EBSA) has announced a public forum on April 8, 2011, on the implementation of the health plan automatic enrollment provisions of the Fair Labor Standards Act (FLSA) Sec. 18A, added by the Patient Protection and Affordable Care Act (ACA, P.L. 111-148).

FLSA Sec. 18A requires employers that have more than 200 full-time employees to automatically enroll new full-time employees in one of the employer's health benefits plans (subject to any waiting period authorized by law), and to continue the enrollment of current employees in the employer's health benefits plan. Sec.18A further requires adequate notice and the opportunity for an employee to opt out of any coverage in which the employee was automatically enrolled.

Note that the DOL has previously said that until regulations are issued (and effective), employers are not required to comply with FLSA Sec 18A. The agency intends to issue final regulations by 2014.

The forum will be held on April 8, 2011, 1:00 pm to 5:00pm (EST) at the U.S. Department of Labor, Frances Perkins Building, Room C-5521 (#4),

200 Constitution Avenue, N.W., Washington, DC 20210.

Individuals and organizations interested in attending are requested to register electronically by emailing their name, organization, title, email address and phone number to e-ORI@dol.gov (use "Health Plan Automatic Enrollment Forum" as the subject line of the e-mail). For more information, contact June Solonsky in the Office of Regulations and Interpretations, EBSA, (202) 693-8500.

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