The Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA) requires employers offering group health plans to notify employees of their right to receive premium assistance under a state's Medicaid or Children's Health Insurance Program (CHIP) program. The U.S. Department of Labor (DOL) has issued a model Employer CHIP notice to be used to give the required notice.
The model notice is available at http://www.dol.gov/ebsa. It was first published in the Feb. 4, 2010 issue of the Federal Register. Employers may combine this notice with other information (e.g., open enrollment materials).
A group health plan providing benefits for medical care directly or through insurance to participants, beneficiaries or providers in New York or one of the following states is required to provide the Employer CHIP notice, regardless of the employer’s location or principal place of business (or the location or principal place of business of the group health plan): Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.
The CHIP notice must be provided beginning with the first plan year that starts after February 4, 2010 – i.e., January 1, 2011, for group health plans that are on the calendar year. For a plan year beginning between February 4, 2010 and May 1, 2010, the initial Employer CHIP notice must be provided by May 1, 2010.
The notice will be updated annually by the DOL. Accordingly, employers should check the DOL’s website each year for the current form of notice.
For advice and guidance on protecting employees from identity theft, please contact Randolph C. Oppenheimer by e-mail, roppenheimer@damonmorey.com, or call 716.858.3780.
© 2010 Damon Morey LLP, Randolph C. Oppenheimer, Esq.
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