Employee Benefits Compliance

Employee Benefits Mandated Notices See Update to Children’s Health Insurance Plan (CHIP) Notice

Child at the doctors office

The U.S. Department of Labor (DOL), through its Employee Benefits Security Administration (EBSA), has released a new model Employer CHIP Notice with information current as of Jan. 31, 2024. The DOL’s model notice, which employers may use for this disclosure, is updated periodically to reflect changes in the states that offer premium assistance subsidies.

Key Points

  • Employers that maintain group health plans in states with premium assistance subsidies must provide their employees with an annual notice about the Children’s Health Insurance Plan (CHIP).
  • The DOL has released a new model notice.
  • Employers could also choose to prepare their own notices or modify the model notice.


As a reminder, the Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA) imposes an annual notice requirement on employers that maintain group health plans in states that provide premium assistance subsidies under a Medicaid plan or a Children’s Health Insurance Plan (CHIP).

An employer can choose to provide the notice on its own or along with the other mandated legal notices employers and plan sponsors are required to provide. These may include:

  • Materials notifying the employee of health plan eligibility;
  • Materials provided to the employee in connection with an open enrollment election process; or
  • The Summary Plan Description (SPD).

Covered Employers

An employer is subject to this annual notice requirement if its group health plan covers participants who reside in a state that provides a premium assistance subsidy, regardless of the employer’s location. To learn more about CHIP in your state, see Children’s Health Insurance Program (CHIP) Eligibility Requirements | HealthCare.gov.

Employer Resources

The EBSA’s CHIPRA webpage includes the latest model notice (English language and Spanish language versions are available), a fact sheet, a compliance assistance guide and other publications for employers and advisers. Need help with your mandated notices, be sure to contact your Leavitt Group representative. We are here to help!

Source: Zywave. Republished with permission. Some content by Leavitt Group.