included with the plan’s open enrollment materials. The DOL has a model notice that employers may use. The DOL updates this model notice frequently, so ensure you use the most current version. • Women’s Health and Cancer Rights Act (WHCRA) Notice: Group health plans must provide a notice about the WHCRA’s coverage requirements at the time of enrollment and annually after enrollment. The annual WHCRA notice can be provided at any time during the year, but it is often included with the plan’s open enrollment materials. Employ- ers who redistribute their summary plan descriptions (SPDs) each year can satisfy the annual notice require- ment by including the WHCRA notice in their SPDs. Model language is available in the DOL’s model notice guide. • SPD: An SPD must be provided to new plan participants within 90 days of the date their coverage begins. Employ- ers may include the SPD in their open enrollment materials to make sure employees newly enrolled employees receive the SPD on a timely basis. Also, an employer should include the SPD with its enrollment materials if it includes notices that are required to be provided at the time of enrollment, such as the WHCRA notice. • COBRA General Notice: Group health plans must provide a written General Notice of COBRA Rights to covered employees within 90 days after their health plan coverage begins. Employers may include the General Notice in their open enrollment materials to ensure that employees who newly enroll during open enrollment receive the notice on a timely basis. The DOL has a COBRA Model General Notice that employers may use. • HIPAA Privacy Notice (self-insured health plans only): The HIPAA Privacy Rule requires self-insured health plans to maintain and provide their own privacy notices. Self-in- sured health plans are required to send the privacy notice at certain times, including to new enrollees at the time of enrollment. Thus, the privacy notice should be included with the plan’s open enrollment materials. Also, at least once every three years, health plans must either redistrib- ute the privacy notice or notify participants that the privacy notice is available and explain how to obtain a copy. The Department of Health and Human Services (HHS) has model privacy notices for employers to use. • Special Enrollment Rights Notice: At or before enrollment, a group health plan must provide each eligible employee with a notice of their special enrollment rights under HIPAA. This notice is often included in the plan’s SPD or benefits booklet provided by the issuer or TPA. • Notice of Patient Protections: If a health plan requires participants to designate a participating primary care provider, the plan or issuer must provide a notice of patient protections whenever the SPD or similar description of benefits is provided to a participant. This notice is often included in the SPD or benefits booklet provided by the issuer or TPA (or otherwise provided with enrollment mate- rials). The DOL has provided a model notice for employers to use. • Grandfathered Plan Notice: Companies with grandfa- thered health plans must include a statement of the plan’s grandfathered status in plan materials provided to partic- ipants describing the plan’s benefits (such as open enroll- ment materials). The DOL has a model notice for employers to use. 12
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