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With Annual Enrollment just around the corner for 2019 Calendar Year-based plans, we wanted to provide a few checklist items for consideration from a compliance perspective. 


We all know your AE project plans are probably already under development, but we wanted to add a few more items for consideration. 

  • Evaluate wellness incentive programs. Have you evaluated the impact of the AARP vs. EEOC ruling (and the vacating of the guidance around incentives)? With the EEOC’s guidance around what is an acceptable incentive for situations that involve the disclosure of ADA protected health information having been abandoned, employers have to decide if they need to make changes to their wellness and incentive programs. 
  • Updating annual enrollment communications. While the ACA’s Individual Mandate is no more, several states and the District of Columbia already have or are introducing their own versions of the individual mandate. Employers may consider including an update on these developments in their annual enrollment communications for 2019, so that employees are not caught by surprise. New Jersey, Massachusetts and Washington DC have Individual Mandates effective on or before January 1, 2019, and Vermont is adding an Individual Mandate in 2020. Other states may follow suit. 
  • Adding non-binary gender option. California’s Gender Recognition Act, effective in September 2018, will allow residents of California to obtain driver’s licenses and birth certificates with one of three genders: Male, Female and Non-Binary. While not all carriers are prepared to accept a Non-Binary gender option, many employers and carriers are working to determine if they will be adding any gender options (i.e. Non-Binary, or Undisclosed) to their options available to employees. We are already receiving calls from participants seeking to change their gender, and from employers looking to add a third option. Now is the time for employers to consider if they will be making any plans and coordinating with your partners (including Businessolver and your carriers) to align on what changes are needed and how/when they can be implemented. We can support a third gender option – but need to ensure that the carriers are prepared to receive and use this data. 
  • Send out your key notices. Massachusetts Pregnant Workers Fairness Act – Many employers still need to provide the initial notices to their employees. If you haven’t provided the required notices for your Massachusetts workers, now is a good time! 
  • Update your healthcare contribution policies. Seattle Hotel Employees Health and Safety Initiative – This legislation requires large hotels in the Seattle area to offer their employees’ healthcare with employee contributions not exceeding 5% of gross taxable wages, or the hotels face financial penalties in the form of additional compensation to be paid to those employees. Employers in this industry and location should evaluate their benefits costs for employees impacted by this regulation. 

Need help navigating your compliance to do list? We can help 

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