HR Q&A – What notices are we required to send during open enrollment?

Short answer: if you offer a group health plan, most of the notices you owe come down to four. And one of them has a hard deadline. The Medicare Part D notice has to be in employees’ hands before October 15.

Which ones apply to you depends on your plan and where your people live. But here’s the usual list.

What is the Summary of Benefits and Coverage (SBC)?

This is the plain-English snapshot of your health plan. Same standard form for everybody, so employees can compare options without a decoder ring. It goes out every year at open enrollment or renewal.

If your plan is fully insured, your carrier usually builds the SBC. You don’t have to make one. You just have to make sure people get it.

What is the Medicare Part D notice?

This one tells anyone who’s eligible for Medicare whether your prescription drug coverage is “creditable.” That just means it’s at least as good as Medicare’s own drug coverage.

It matters because somebody who guesses wrong can end up paying a late enrollment penalty that grows every month. The notice has to go out before October 15, which is when Medicare’s own enrollment period starts. Government-issued model letters exist for both the creditable and non-creditable versions, so you’re not writing it from scratch. You also report it to CMS.

Most employers just put it in the open enrollment packet and send it to everyone on the plan. Easier than sorting out who’s Medicare-eligible.

What is the CHIP notice?

If any of your employees live in a state that offers premium assistance for health coverage through Medicaid or CHIP, you need to tell them every year. It lets families know they might qualify for help paying for your plan.

Most employers send it right along with the open enrollment materials.

What is the WHCRA notice?

This is the Women’s Health and Cancer Rights Act notice. If your plan covers mastectomy-related benefits, you give it to people when they enroll and again every year after.

Are there other notices?

Yes, but they’re tied to timing. Things like special enrollment rights, COBRA, and new hire paperwork depend on who’s enrolling and when, not just on open enrollment. If you’re not sure what applies to your plan, your carrier or broker can confirm it.

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