Employers with calendar year plans are preparing for an upcoming open enrollment. Part of the preparation should include gathering the notices that must be distributed to plan participants on an annual basis. While each employer’s specific notice distribution obligations vary depending on factors such as employer size, types of plans offered, and how the plan is funded, employers should pay particular attention to the following:
- HIPAA Notice of Privacy Practices - This notice must be provided when an employee initially enrolls in the health plan and every three years thereafter. Many employers choose to include the Notice as part of open enrollment materials so they don’t have to track its tri-annual distribution.
- Health Care Exchange Notice - This notice must be distributed upon hire. Many employers will include it with open enrollment materials.
- Summary of Benefits and Coverage (SBC) - This annual informational document should be distributed with open enrollment materials. It must also be provided at initial enrollment and upon request.
- Women’s Health and Cancer Rights Act Notice - This notice must be provided at initial enrollment and annually thereafter. Many employers include it with open enrollment materials.
- CHIP Notice - This notice must be provided at initial enrollment and annually thereafter. Many employers include it with open enrollment materials.
- Medicare Part D Notice of Creditable Coverage - This notice must be provided to Medicare-eligible participants by October 15 each year.
- Special Enrollment Rights Notice - This notice must be provided at initial enrollment and annually thereafter. Many employers include it with open enrollment materials.
- Summary Annual Report (SAR) - If required, this notice is distributed 9 months after the end of the plan year.
- Wellness Program Notices (HIPAA and ADA) - If the health plan includes wellness initiatives, this notice may be required and many employers include it with open enrollment materials.
Employers should review the legal notification requirements associated with their benefit plans and confirm that all notices are distributed to employees and plan participants.
