Employee Benefits | FJG/FYI
Benefit Compliance FAQ
Question: We are compiling our Open Enrollment packages. What notices should we include?
Answer: There are several required notices that must be included in a group health plan’s enrollment materials. There are also notices that must be distributed on an annual basis, and including them in the Open Enrollment package would fulfill the distribution obligation.
The required notices are:
- General Notice of Pre-existing Condition
Exclusion (must be distributed in
enrollment material); - Notice of Special Enrollment Rights
(must be distributed in enrollment
material); - Notice of Privacy Practices (must be
distributed to new participants and
once every three years); - Women’s Health and Cancer Rights
Act (WHCRA) Notice (must be
distributed to new participants and annually); - Uniformed Services Employment and Reemployment Rights Act (USERRA) Notice (notice must be posted OR distributed to employees);
- Disclosure Notice to Medicare Part D Eligible Individuals (must be distributed to Medicare-eligible individuals in enrollment material and annually prior to November 15; distribution to all plan eligible individuals is recommended).
The following items must be distributed within 90 days of participation:
- Initial/General COBRA Notice (should be addressed to new participant and spouse, if applicable);
- Summary Plan Description (SPD) with the Newborn’s and Mother’s Health Protection Act (NMHPA) Notice.