ERISA, as amended by the Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA), requires employers to notify their employees of potential opportunities for group health plan premium assistance through Medicaid or a state Children’s Health Insurance Program (CHIP).

The CHIP Notice must be provided annually prior to the beginning of each plan year. All employers, regardless of the number of employees, are required to provide the notice. Customarily, it is included as part of the group health plan open enrollment materials. It can also be included with an updated SPD (summary plan description) or benefits booklet.

The Department of Labor revises the CHIP Notice twice a year to reflect any changes in the state premium assistance programs. It recently released the latest version of the notice covering state information as of August 10, 2017. To access the updated CHIP Notice, click here.

Employers should replace last year’s CHIP Notice with the updated version when assembling 2018 group health plan open enrollment packages.

For further information or questions regarding the CHIP Notice, please contact your Schwabe attorney or Wally Miller.

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