ComplyDIY · BenefitLab

New-Hire Paperwork5 requirements

3

E-Verify

Voluntary; mandatory for federal contractors and certain states

3

Worker Classification

All employers, esp. those using contractors/freelancers

4

Form I-9

Every new hire, all employers

5

Form W-4

Every employee

5

State Tax Withholding

Employees working in states with income tax (9 states exempt)

Company Policies & Ongoing Forms8 requirements

4

Consent to Receive Documents Electronically

Any employer wanting to deliver required docs electronically

4

Employee Handbook

All employees (not contractors)

4

Job Description

All employers (best practice)

4

Non-Disclosure Agreement

Optional; anyone exposed to confidential info

4

Notice of Coverage Options

Employers subject to FLSA (virtually all); to all new hires

5

Acknowledgment of Policies

All employees

5

Emergency Contact Form

All employees (best practice)

5

USERRA Notice

All public and private employers; to all employees

Prefer not to do it yourself?ComplyDIY / BenefitLab can handle this group.

Plan & Enrollment Materials8 requirements

3

Qualified Medical Child Support Order (QMCSO) Notices

You sponsor a GHP that offers dependent coverage

4

Benefits Highlights

You offer group health/dental/vision benefits

4

Enrollment Forms

You offer benefits; to all eligible (enroll + waive)

4

Health Insurance: Initial Offer

Benefits-eligible new hires / newly eligible

4

Health Plan Change Notice

You change the health plan; notify affected participants

5

New Summary of Benefits and Coverage (SBC)

You materially change plan benefits/coverage outside open enrollment

5

SBC Monitoring

You offer a group medical plan

5

Summary of Benefits and Coverage

All GHPs, any size

Open Enrollment Notices9 requirements

2

MHPAEA Notice

Plan offers med + MH/SUD, generally large group (50+)

2

State Continuation Notice

Generally <20 employees w/ insured GHP (state-specific)

3

COBRA General Notice

20+ employees + GHP; to new enrollees/spouses

3

GINA Notice

Title I any-size GHP; Title II employment at 15+

3

HIPAA Privacy Notice (NPP & BAAs)

Your GHP is a covered entity (full obligation if self/level-funded)

5

HIPAA Special Enrollment Rights Notice

All employers offering a GHP, any size

5

Medicaid CHIP Notice

You maintain a GHP and have employees in CHIP-assistance states

5

NMHPA Notice

Only if the plan covers maternity care

5

WHCRA Notice

Only if the plan provides mastectomy coverage

Prefer not to do it yourself?ComplyDIY / BenefitLab can handle this group.

COBRA & State Continuation4 requirements

2

State Continuation Election Notice (Mini-COBRA)

Generally <20 employees, on a qualifying event (state-specific)

3

COBRA Early Termination Notice

20+ + GHP; when COBRA coverage ends early

3

COBRA Election Notice

20+ employees + GHP; on a qualifying event

3

COBRA Unavailability of Continuation Notice

20+ + GHP; when COBRA is requested but unavailable

Prefer not to do it yourself?ABY can handle this group.

ERISA Wrap Documents & Form 55005 requirements

2

ERISA Wrap

You have ERISA-covered health & welfare benefits

2

Plan Document Amendments

You amend your ERISA health plan

2

Plan Document

You sponsor an ERISA welfare plan (insured or self-funded)

2

Summary Plan Description (Health)

You sponsor an ERISA welfare plan

3

Summary of Material Modifications (SMM)

You make a material change to an ERISA health plan

Prefer not to do it yourself?ABY can handle this group.

Tax-Advantaged Accounts4 requirements

1

Health Flexible Spending Account (FSA)

You offer a health FSA (pre-tax)

3

Health Savings Account (HSA)

You offer an HSA-qualified HDHP

3

Premium Only Plan (POP)

You deduct health premiums pre-tax

4

Salary Reduction Agreement

You offer POP and/or FSA pre-tax deductions

Prefer not to do it yourself?ABY can handle this group.

Retirement Plan3 requirements

2

Summary Plan Description (Retirement)

You sponsor an ERISA retirement plan

3

Form 5500

You sponsor an ERISA retirement plan (filing thresholds apply)

3

Retirement Plans

You sponsor a 401(k)/403(b)/pension/profit-sharing plan

Medicare5 requirements

3

Medicare Part D Creditability Determination

You offer Rx coverage to Medicare-eligible participants

4

Form for Confirming Creditable Coverage

When an employee/retiree moves from GHP to Medicare Part B

4

Medicare Part D Disclosure to CMS

You offer Rx coverage to any Medicare-eligible individual

4

Medicare Part D Notice (Creditable Coverage)

You cover (or could cover) Medicare-eligible individuals

5

MSP Status Update (Medicare Secondary Payer)

You offer a GHP; thresholds 20+ (aged) / 100+ (disability)

Annual Reporting, Filings & Fees3 requirements

2

MHPAEA Comparative Analysis (NQTL)

Plan offers med + MH/SUD; self-funded 51+ or any insured large/small group

4

Gag Clause Prohibition Attestation

All GHPs, annual; excepted-benefit-only and account-based plans exempt

4

RxDC Reporting

All GHPs annually; excepted benefits out of scope

Leave & Accommodation4 requirements

3

Disability Accommodation Notice

15+ employees (ADA); some state laws apply below 15

3

Other Leave Laws

Varies; many state sick/paid-leave laws apply at 1+

4

Return to Work Notification

Managing a return from FMLA/ADA/workers' comp/state leave

4

Workers Compensation Notice

Generally all employers with 1+ employees (state thresholds vary)

Separation & Status Changes4 requirements

3

Final Paycheck Laws

All employers; rules set at state level

4

Employee Status Change Notification

Any employer offering benefits, when an employee's status changes

4

Unemployment Insurance Notification

Employers paying into state UI; many states require a separation form

5

Exit Interview Checklist

All employers (best practice), no size threshold

Other / As-Needed Obligations4 requirements

2

Form 8928 (Excise Taxes)

Only if a GHP compliance failure occurs (e.g., COBRA, MSP, comparable HSA)

2

Notice of Breach of Unsecured Protected Health Information (PHI)

On discovery of a breach of unsecured PHI

2

Record Retention

Virtually all employers; scope varies by size/industry/plan

5

Certificate of Creditable Coverage

When an employee/retiree transitions from your GHP to Medicare