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DOL Increases Penalties for Health Plan Violations

On July 1, the Department of Labor issued an interim final rule that increases the civil penalty amounts that may be imposed under various federal laws, including the ERISA.  The interim final rule increases the civil penalty associated with:

  • Failing to file an annual Form 5500 (as applicable) –  Up to $2,063 per day
  • Failing to provide the annual notice regarding premium assistance under the Children’s Health Insurance Program (CHIP) – Up to $110 per day per employee ;
  • Failing to provide the Summary of Benefits and Coverage (SBC), as required by the Affordable Care Act – Up to $1,087 per failure; and
  • Failure to furnish plan-related information requested by the Department of Labor – Up to $147 per day, but not to exceed $1,472 per request.

The increased amounts apply to civil penalties that are assessed after August 1, 2016 for violations that occurred after November 2, 2015.

 

About the Author:Mary Frank

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