Sec. 3. Notice and navigator referral for employees under the Fair Labor Standards Act of 1938
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/bill/115/s/2708/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 18B of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 218b ) is amended— in the heading, by striking and inserting to ; and navigator referral for by redesignating subsection
(b)as subsection (c); by inserting after subsection
(a)the following: An employer described in paragraph
(3)shall refer each full-time employee (as defined in section 4980H of the Internal Revenue Code of 1986) to— an entity that serves as a navigator under section 1311(i) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(i) ) for the Exchange operating in the State of the employer; or if the Exchange operating in the State of the employer does not have an entity serving as such a navigator, another entity that shall carry out equivalent activities as such a navigator. The referral described in paragraph
(1)shall occur— at the time the employer hires the employee; or on the effective date described in subsection (c)(2) with respect to an employee who is currently employed by the employer on such date. An employer described in this paragraph is any employer that— does not provide an eligible employer-sponsored plan as defined in section 5000A(f)(2) of the Internal Revenue Code of 1986; or provides such an eligible employer-sponsored plan, but the plan is determined under section 36B(c)(2)(C) of such Code— to be unaffordable to the employee; or to not provide the required minimum actuarial value. ; and in subsection (c), as so redesignated— in the heading, by striking and inserting Effective date ; Effective dates by striking Subsection
(a)and inserting the following: Subsection (a); ; and by adding at the end the following: Subsection
(b)shall take effect with respect to employers in a State beginning on the date that is 2 years after the date of enactment of the Choose Medicare Act . . Not later than January 1, 2023, the Comptroller General of the United States shall conduct a study on the impact of the requirements under section 18B of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 218b ), including the amendments made by subsection (a), on the rate of individuals without minimum essential coverage as defined in section 5000A of the Internal Revenue Code of 1986 in the United States and in each State. Section 1311(i)(6) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(i)(6) ) is amended— by striking Grants and inserting the following: Grants ; and by adding at the end the following: There is authorized to be appropriated such sums as may be necessary to address capacity limitations of entities serving as navigators through a grant under this subsection. .
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Sec. 3
Notice and navigator referral for employees under the Fair Labor Standards Act of 1938
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