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John's Public Policy Blog
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John Baker, DANA's Executive Vice President of Policy & Programs, will be updating you on important public policy matters as they happen. He will also post about the activities of the Governor, Delaware's General Assembly, local issues, hearings & meetings, and legislation that relates to DANA's Public Policy Agenda.


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Top tags: Nonprofits  budget  Joint Finance Committee  General Assembly  Delaware  Grant-in-Aid  Governor  DEFAC  Workers Compensation  Insurance  Delaware Nonprofit Day  charitable solicitation  government  National Council of Nonprofits  Public Policy  revenue  Attorney General  Legislative Hall  Lt. Governor  Task force  Board Member  Calendar  charities  Healthcare  Office of Management and Budget  taxes  Wilmington  Advocacy  Affordable Care Act  Bond Bills 

Affordable Care Act Deadline

Posted By John Baker, Wednesday, September 25, 2013

Hi All,

We are working diligently to make sure our members are provided with the most up to date news regarding the information and requirements of ACA (Healthcare Reform-Patient Portability and Affordable Care Act Law). Therefore, we are reminding you that each employer is required by ACA to notify their employees of the upcoming exchange plans, regardless of whether you offer or provide healthcare to them. The deadline for this notification is October 1, 2013. Please see the information and links below. We hope this information will be helpful to you.

As always, if you have any questions please reach out to me.

- John


Most employers in Delaware are required to send a written healthcare exchange notification to their employees by October 1, 2013. The only exceptions to this are those businesses that have annual gross revenue under $500,000. This notification also applies to hospitals, schools, and government agencies.
In addition, starting October 1, 2013, the notices have to be given to New Employees on the date they are hired. Click on this link to access the Exchange Notification Document that can be used. Information about your company and your current medical insurance coverage needs to be inserted in Part B before distributing to your employees. These letters must go out to ALL employees, regardless of the hours they work, whether or not they are seasonal employees, or whether or not they are eligible for insurance. For new hires after the October deadline, through 2014, the notice must be sent out within 14 days of their hire date.
The intent of the Exchange Notification Document is to let employees know about the upcoming Open Enrollment beginning October 1, 2013 and to make them aware of a potential Tax Credit based on their household income. The employee should also know that if they opt for coverage through the Exchange or Marketplace, they will forfeit the company contribution as well as their ability to pay their premium share on a pre-tax basis.
An employer can provide 'an alternate notice' as long as it provides the following information:

1) A description of what Exchanges are, what they provide, and where employees can go to find more information about them; AND

2) Information regarding available tax credits if the employer doesn't provide minimum essential coverage and the employee purchases health insurance on the Exchange; AND

3) A statement that employees who purchase coverage on the Exchange may lose employer's (tax-free) contribution to the cost of health insurance offered by the employer. Also, that the employee's contributions to the employer-sponsored plan are often pre-tax contributions and the employee's contributions for insurance purchased on the exchange are post-tax contributions.               

Failing to meet the October 1, 2013 deadline may result in fines as steep as $100 per day, per employee. Employers must provide this in writing by first class mail or electronically. We also encourage you to retain copies of the letters for proof should your compliance ever be brought into question.  


As you may know, effective January 1, 2014 all individuals are required to have health insurance. Effective October 1, 2013 individuals will be able to purchase health insurance from the public Health Insurance Marketplace better known as the ‘Exchange’.  

To that end, ACA has mandated that all employers notify their employees of the ‘Exchange’ availability. This notice must be provided to all your employees (full and part time) and it does not matter if you offer or provide them health insurance or not – every employee must get the required notification.

A sample notice is provided on the government website (Department of Labor) and there are two models – one for employers who offer coverage (click here if you offer coverage) and one for employers who do not offer coverage (click here if you do not offer coverage).  This same notice is required to be presented within 14 days to newly hired employees.

Tags:  Affordable Care Act  Benefits Connection  exchange  Healthcare  Insurance  open enrollment 

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Affordable Care Act Resources

Posted By John Baker, Thursday, August 29, 2013

I hope you have had a very good summer. As it draws to a close, I wish you a good Labor Day holiday!

As we prepare for the change of seasons, we also are preparing for the Affordable Care Act (ACA) and the changes that are coming along with it.

We at DANA have heard you when you have asked for the most targeted resources available. We know how busy you are.

Recognizing that the ACA has so many moving parts, and that it is still being developed and implemented, we have sorted through the various resources and have narrowed them down to the ones we believe will be most helpful to you.

These resources will help you navigate Delaware’s implementation of the ACA for employers, individuals, and clients you serve.

The Federal Small Business Health Care Tax Credit link to the IRS sight will help nonprofits understand this component of the ACA and tax credits that may be available to you as a 501 c 3 "Small Business”. These tax credits are given against your payroll tax liability (see link below). The expansion and clarification of this credit being available to nonprofits is the result of input provided by you, DANA, nonprofits, and state associations of nonprofits across the nation, to those responsible for the implementation of the ACA.

In addition to the resources below, AARP DELAWARE has several Education Events scheduled that you may find helpful. For times that are not determined yet (TBD) please email AARP DELAWARE’s Kim Iapalucci at:

AARP ACA Education Events

October 3Urban League Annual Meeting  Community Service BuildingWilmingtonTBD
October 5Women's Conference CalvaryBaptist ChurchDoverTBD
October 15AARP South Coastal ChapterBear Trap Dunes Golf ClubOcean View  TBD
November 1Marketplace EventNewark Senior CenterNewarkNoon - 2:00 pm  
November 13  Marketplace EventLatin American Community Center  Wilmington5:30 - 7:30 pm

Choose Health Delaware is the free Official State Program to help you understand health insurance reform and the Health Insurance Marketplace.

The Federal Small Business Health Care Tax Credit is still available for nonprofits with fewer than 25 full-time employees and that pay for at least half of their employees’ health insurance premiums. Learn more here. This credit is set to expand in 2014, and DANA will provide more information as it becomes available.

Have a great rest of the summer! As always, if you’d like to discuss this matter, feel free to contact me.


Tags:  AARP  ACA  Affordable Care Act  business  Healthcare 

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Workers Compensation Insurance Task Force

Posted By John Baker, Monday, May 13, 2013

Hi All,

The Governor’s Task Force on Workers Compensation Insurance concluded it’s work last Friday and presented their proposals at the Delaware State Chamber offices this Monday morning, May 13, at 10:00 am. The recommendations were presented to the Governor and General Assembly, as well.

Lt. Governor Matt Denn provided solid leadership for this task force and the members were diligent in their work, with committee meetings beginning February 8th, and taking place every Friday. Their work concluded this past Friday with the report recommending and finding:

  • That the committee should meet quarterly; an increase in frequency from annually 
  • That data was not being provided to the Healthcare Advisory Panel and Date Collection Committee in a timely manner as required by the 2007 legislation, and it will now be provided to the panel as required and more frequently
  • That Healthcare Costs were driving the increases in Workers Compensation Insurance, and not just claims, and recommendations were made to control cost and the committee will continue to watch these costs closely
  • That an "Advocate Attorney” should be hired by the Department of Insurance, in place of the typical second Actuary, to advocate on behalf of Employers when rate changes are proposed

The Task Force will continue to work on controlling costs and reforming the process to make it one of the best in the country. DANA will continue to work with the task force and with the nonprofit sector to introduce programs for improved workplace safety, and to introduce new Workers Compensation Insurance options. You can view the report by clicking HERE.

See you at Nonprofit Day on Wednesday, May 15th in Dover. Click here for details.


Tags:  Delaware Nonprofit Day  General Assembly  Governor  Healthcare  Insurance  State Chamber  task force  Workers Compensation 

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