CHIPRA Notice Requirements and Model Notice
The Children's Health Insurance Program Reauthorization Act of 2009 (CHIPRA) was signed on February 4, 2009 to provide for greater access to health care coverage for uninsured children in America. Included in the act is the requirement for group health plans to allow special enrollment rights to children coming on or off of Medicaid as well as an annual notice provision.
The annual notice is intended to remind eligible employees of their rights under CHIPRA. The initial notice for any group plan that renewed or is set to renew between February 4, 2010 and April 30, 2010 is required to be provided to eligible employees by May 1, 2010. Thereafter, the notice must be provided prior to the 2010 renewal date. For groups that renewed between January 1, 2010 and February 3, 2010, the notice must be provided prior to the 2011 renewal date.
The notice can be included with other open enrollment materials and does not have to be a separate announcement. Electronic distribution of the notice is allowed provided it follows ERISA safe harbor guidelines for similar notices.
Please note that the CHIP regulations vary by state and they are according to the resident state of each employee. All employees (not just those enrolled) must receive notice regarding the potential for premium assistance specific to their resident state. The contact information for each state with a plan is included in the Notice.
Model notices are available from the DOL. To access a modifiable, electronic version of the model notice click here. For more information on CHIPRA visit http://www.cms.gov/home/chip.asp.