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Benefits compliance checklist

When setting up benefits for your company, you’ll need to comply with a few regulations. Here’s a checklist to get you going. 

Affordable Care Act (ACA)

The ACA includes requirements for employers regarding health care coverage. The size and structure of your company determines your responsibility. If you have Gusto-managed benefits, click here to learn about how Gusto will help keep you compliant.

Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)

COBRA is a federal program that provides temporary continuation of health insurance coverage when an employee’s job ends or hours are reduced. 

Employers with 20+ employees in the prior year are required to offer COBRA as part of their group health plan.

Depending on the state, employers with fewer than 20 employees may also be required to offer continuation coverage according to state-specific requirements.

If you have Gusto-managed benefits, click here to learn how we’ll help you navigate continuation of coverage.

Department of Labor (DOL) and Center for Medicare Services (CMS)

Employers must stay compliant under DOL regulations connected to employment, anti-discrimination laws, etc. They must also disclose information to participants that may impact their cost or eligibility for Medicare.

If you have Gusto-managed benefits, click here to learn about how Gusto will help keep you compliant.

Employee Retirement Income Security Act of 1974 (ERISA)

ERISA protects plan participants and their beneficiaries, and requires plan administrators to provide plan information to them.

If you have Gusto-managed benefits, click here to learn about how Gusto will help keep you compliant.

Health Insurance Portability and Accountability Act of 1996 (HIPAA)

HIPAA requires people who work with protected health information (PHI) to do so properly or face potential fines or criminal prosecution. There are additional restrictions on what information employers can have access to and how that information can be utilized.

If you have Gusto-managed benefits, click here to learn about how Gusto will help keep you compliant.

Internal Revenue Service (IRS) 

Employers who offer pre-tax benefits must meet IRS requirements for providing benefits in this way. This includes meeting Section 125 requirements, like plan documents and proper management of plans in accordance with participation rules for group benefits.

Note: Gusto does not provide tax or legal advice, but we help you comply with required regulations.

If you have Gusto-managed benefits, click here to learn about how Gusto will help keep you compliant.