First few Article Sentences
Those of us who work in the group health benefits arena are quite familiar with the many federal laws regulating employer sponsored group health plans – COBRA, mental health parity, HIPAA, GINA, the Newborns’ and Mothers’ Health Protection Act, and Michelle’s Law, to name a few. Each places requirements on the group health plan to provide coverage or continue coverage, or provide notice, special enrollment rights or protection from discrimination due to genetic information or the presence of a health factor. Compliance failure with any of these laws’ highly specific requirements carries a per person, per day penalty burden for non-compliance instances. However, historically no mechanism has existed for the reporting or payment of a non-compliance penalty, other than as the result of a lawsuit or an IRS or DOL audit. Until now.