The Employee Benefits Security Administration division of the U.S. Department of Labor issued a self-compliance tool that plan sponsors can use to determine if their plans comply with ERISA. The tool, which is a worksheet consisting of 92 questions, describes the laws that apply to group health plans. Explanatory guidance explains what actions are needed for compliance. The tool can be accessed here.
Guidance is provided on the following topics:
- HIPAA, specifically portability, special enrollment, nondiscrimination, wellness;
- Mental Health Parity;
- Newborns’ Act;
- Women’s Health and Cancer Rights Act;
- GINA;
- Michelle’s Law;
- Affordable Care Act, specifically grandfathered status, dependent coverage to age 26, rescission, prohibition on lifetime limits, waiting periods, SBC distribution, patient protections, preventive care, and claims and appeals.
The tool will be a useful resource for all employers to use when reviewing their plan operations.
