Compliance Checklist Notices & Disclosures

Employee Benefit Compliance:

Notice and Disclosure Rules

This Compliance Overview summarizes a number of the notice and disclosure requirements that apply to group health plans and employers under federal laws.

For example, this overview describes notice and disclosure requirements under:

  • The Affordable Care Act (ACA)
  • The Consolidated Omnibus Budget Reconciliation Act (COBRA)
  • The Consolidated Appropriations Act
    (CAA)
  • Employee Retirement Income Security Act of 1974 (ERISA)
  • The Family and Medical Leave Act (FMLA)
  • The Genetic Information Nondiscrimination Act (GINA)
  • The Health Insurance Portability and Accountability Act of 1996 (HIPAA)
  • Medicare Part D
  • Other federal laws, such as the Women’s Health and Cancer Rights Act (WHCRA)

Required Notices

Group health plan sponsors must comply with numerous reporting and disclosure requirements.

  • Each notice or disclosure has its own timing requirements.
  • Although some notice and disclosure requirements apply to all employers, others only apply to certain employers.
  • Model forms are available for many required disclosures.

Examples

Some of the main notice and disclosure requirements for group health plans are:

  • The summary plan description (SPD)
  • COBRA notices
  • ACA employee statements
  • Medicare Part D notices of creditable coverage
  • Form 5500
  • Transparency in health care disclosures

Links & Resources

  • Department of Labor’s (DOL) website regarding compliance assistance for health plans, which includes links to many model forms and notices.
  • Internal Revenue Service (IRS) website for tax forms and instructions.
  • Center for Medicare and Medicaid Services’ (CMS) website regarding Medicare Part D disclosures.
  • CMS’ Transparency in Coverage webpage.

Download the PDF for the summary of notice and disclosure requirements that apply to group health plans under federal laws.

Copyright © 2023 GBS Benefits, Inc. This document is not intended or provided as legal advice.
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