Open Enrollment Notices

Open enrollment is a critical time each year when employees can enroll or make changes to their employer-offered benefits, such as health, life, or disability insurance. Employers are responsible for notifying employees of an upcoming open enrollment period. This includes communicating benefits options, updates, and deadlines. Employers who are fully insured with medical, dental, vision and no claims analytics still have to provide the HIPAA NPP if they sponsor an FSA or HRA.

Notices to Distribute During Open Enrollment

• Summary of Benefits and Coverage (SBC)

• Employer CHIP Notice

• Women’s Health and Cancer Rights Act (WHCRA) Annual Notice

• Wellness Program Notices (under HIPAA, GINA or the ADA, if applicable)

• Notice of HIPAA Special Enrollment Rights 

• Medicare Part D Creditable or Non-creditable Coverage Notice: must be sent before 10/15, but should also be included in enrollment materials.

• Exchange Notice: also given within 14 days of hire, including full-time AND part-time employees

• Notice of Privacy Practices:

• Fully-insured group health plans that don’t create or receive protected health information (PHI), other than summary health and enrollment/dis-enrollment information, don’t have to give this notice.

• However, fully-insured plans that create or receive PHI must keep the notice and provide it to any person upon request.   

• Summary of Material Modifications (including material reductions):  

• The SMM describes changes made to the plan during open enrollment and must be furnished automatically to participants within 210 days after the end of the plan year in which the change was adopted.