Gimme, Gimme, Gimme, My Required Notices

by Leslie Thomson

Sponsors of self-funded group health plans are required to notify enrollees about the availability of the plan’s notice of privacy practices and how enrollees can obtain a copy of such notice. This must be done at least once every three years. However, many sponsors satisfy this obligation on behalf of their group health plans by including information regarding the availability of the notice in their plan’s annual enrollment materials.

Other notices that may be included in open enrollment materials include:

  • Medicare Part D Notice of Creditable Coverage
  • HIPAA Special Enrollment Notice
  • WHCRA Notice
  • Newborns and Mothers Health Protection Act Notice
  • CHIP Notice
  • Marketplace Notice

In addition, if a group health plan offers a health contingent wellness program – a program that requires individuals to satisfy standards related to health factors in order to obtain rewards – notice of the availability of a reasonable alternative standard to qualify for the reward (and, if applicable, the possibility of waiver of the otherwise applicable standard) must be provided in all plan materials describing the terms of the program.