ACA Reporting
ACA Compliance Lessons Learned From Recent Reporting Seasons
Common themes emerge when reflecting on recent ACA reporting seasons that can help employers reduce administrative burdens and improve accuracy.
COBRA
Question of the Week - COBRA Notices in Non-English Languages
Q.- Do we have to provide a COBRA qualifying event election letter in a non-English language if we know the recipient does not speak English?
Q.- Do we have to provide a COBRA qualifying event election letter in a non-English language if we know the recipient does not speak English?
A.- COBRA does not require notices to be translated into a non-English language for a qualified beneficiary who does not speak English. Depending on the context of the situation, however, this may not provide a sufficient answer for a particular employer.
The Department of Labor COBRA regulations require the election notice to be “written in a manner calculated to be understood by the average plan participant.” Employees of such an employer may argue that the “average plan participant” speaks a language other than English and the English qualifying event letter doesn’t provide information accessible to the average plan participant. Employers with a predominant number of who employees speak a non-English language may want to provide foreign-language assistance to reduce potential liability. This could be providing the COBRA letter in the foreign language or, alternatively, including a statement (in the foreign language) with directions for getting a translated notice or language assistance.
Benefit Allocation Systems (BAS) provides online solutions for: Employee Benefits Enrollment; COBRA; Flexible Spending Accounts (FSAs); Health Reimbursement Accounts (HRAs); Leave of Absence Premium Billing (LOA); Affordable Care Act Record Keeping, Compliance & IRS Reporting (ACA); Group Insurance Premium Billing; Property & Casualty Premium Billing; and Payroll Integration.
MyEnroll360 integrates with major insurance carriers for enrollment eligibility management (e.g., Blue Cross, Blue Shield, Aetna, United Health Care, Kaiser, CIGNA and others), and with leading payroll platforms for enrollment deduction management (e.g., Workday, ADP, Paylocity, PayCor, UKG, and others).
This article is for informational purposes only and is not intended as legal, tax, or benefits advice. Readers should not rely on this information for taking (or not taking) any action relating to employment, compliance, or benefits. Always consult with a qualified professional before making decisions based on this content.
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