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Selena Chavis

Guide to Benefits Compliance

Make benefits compliance a priority to avoid legal problems


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Establishing HR benefits programs that conform to government-regulated benefits compliance laws can be tricky. That’s where tools like benefits compliance software and resources like benefits compliance consultants come into play. These resources can help you navigate complicated benefits compliance laws and help you understand your obligations as an employer with regards to ERISA compliance, COBRA compliance and HIPAA compliance.

Inside this guide, you’ll learn:
  1. How to develop policies and procedures that fit into the framework of benefits compliance laws.
  2. Advice on implementing the best benefits compliance software.
  3. Resources for locating the best benefits compliance consultants.
  4. Tips for gaining a solid understanding of the basic components of benefits compliance laws.

Action Steps
The best contacts and resources to help you get it done

Develop sound policies that conform to benefits compliance laws


Early preparation is key to developing benefits compliance strategies. Before establishing company policies, you need to have a firm grasp on government regulations affecting health, retirement and leave benefits.

I recommend: Get it straight from the source—The U.S. Department of Labor provides a variety of resources and e-tools, including the FirstStep Employment Law Advisor for small businesses, to help your company with benefits compliance. Business.gov also provides numerous resources, including forms and listings of compliance assistance programs, to help you master the basics of benefits compliance.

Automate the process with benefits compliance software


Complement human resource efforts to manage benefits by investing in benefits compliance software. With benefits compliance software, you can automate your policies, procedures and rules, virtually eliminating human error.

I recommend: HR Office provides affordable benefits compliance software for small businesses that provides tracking and administration for such areas as FMLA, COBRA compliance and HIPAA compliance. CheckPoint HR offers a web-based software solution that includes benefits administration and compliance. Oracle and SAP offer leading enterprise solutions to manage all human resources functions, including benefits compliance.

Outsource benefits management to benefits compliance consultants


If time and people resources are limited, consider hiring benefits compliance consultants to provide guidance or to handle the implementation and management of your benefits programs.

I recommend: TriNet Group is an HR outsourcing firm that can take on benefits compliance tasks for your company. Towers Perrin is a leading human resources consulting firm that offers services for benefits compliance. The Society for Human Resource Management offers a directory of benefits compliance consultants.

Ensure benefits policies meet HIPAA compliance requirements


Your benefits policies must conform to HIPAA (Health Insurance Portability and Accountability Act of 1996) regulations. HIPAA compliance requires that you maintain the privacy of your employees with regards to health plans, retirement accounts and more.

I recommend: eWork can match you with consultants who handle benefits compliance, such as HIPAA compliance. Consider taking an online training course from The Training Network to get up to speed on HIPAA compliance. A.E. Roberts Company offers a number of online training courses and seminars on a variety of benefits compliance issues, including HIPAA compliance.

Meet requirements for COBRA compliance


COBRA provides continuation of health coverage at group rates for former employees, retirees, spouses, former spouses and dependent children. Companies are required to provide COBRA when employees are terminated or laid off.

I recommend: Check the COBRA requirements for your state at Cobrahealth.com. Compliance Consulting Corp. offers COBRA and HIPAA administration exclusively for thousands of clients from coast to coast. Specialty benefits compliance software specific to COBRA compliance is available through COBRA Solutions and Benefit Plan Systems Corporation.

Learn the ins and outs of ERISA compliance


The Employee Retirement Income Security Act of 1974 (ERISA) sets minimum standards for most voluntarily established pension and health plans.

I recommend: ERISA.com offers a benefits compliance review to assure compliance. The Benefits Law Group of Chicago also offers an ERISA compliance checklist.

Benefits compliance includes the Family and Medical Leave Act (FMLA)


The FMLA entitles employees who meet certain conditions to up to 12 weeks of job-protected, unpaid leave during any 12-month period.

I recommend: Kronos provides comprehensive leave management software that ensures benefits compliance. Employers can also take advantage of specialized FMLA compliance training through HRCertification.com.

Tips & Tactics
Helpful advice for making the most of this Guide

  • Post federal and state labor laws that relate to benefits compliance including HIPAA, FMLA and COBRA.
  • Benefits compliance laws state that group health coverage cannot be denied to employees and dependents based on their health status.
  • Benefits compliance software can help you administer complicated laws, such as FMLA, which requires you to restore returning employees to original or equivalent jobs with equivalent pay and benefits.

The official source of Benefits Compliance is the Benefits Compliance page at Business.com


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