At or before the enrollment opportunity, in your new-hire benefits packet.
At least once each plan year, best bundled with Open Enrollment materials.
Employees have up to 60 days to enroll after a Medicaid/CHIP loss or premium-assistance event.
| Trigger | Due Date / Window | Notes |
|---|---|---|
| New hire / initial eligibility | At or before enrollment opportunity | Include in your new-hire benefits packet. |
| Annual reminder | At least once each plan year | Best practice: bundle with Open Enrollment materials. |
| Medicaid/CHIP special enrollment | Employee has up to 60 days to enroll in the group plan | Triggered when an employee or dependent loses Medicaid/CHIP coverage or becomes eligible for premium assistance. Spell out how to request enrollment (form, portal, or email). |
- Model notice: See the Model Notice section below, the DOL's ready-to-use Word template with all state contacts pre-filled.
- Employer details: Your plan administrator name and contact, plus your process for submitting special enrollment requests (email address, portal link, or form name).
- Employee locations: The states where your employees reside, so you know which state contacts are most relevant, though distributing the full national list is also acceptable.
- Languages: English is required; the DOL CHIPRA resource page includes Spanish-language versions of the model notice if your workforce needs them.
- Audience: All employees, regardless of health plan eligibility or enrollment status.
- Method: Paper mail or electronic delivery. If using email or a benefits portal, follow ERISA's e-disclosure safe harbor rules (employees must have consented or meet the electronic access criteria).
- Format: Written in a manner calculated to be understood by the average employee. Use the current version of the model notice and make the special enrollment request path clear and easy to act on.
- Notice versionA copy of the exact notice version distributed, including the state contacts page (date-stamped).
- New-hire logEmployee name, date notice provided, delivery method.
- Annual distribution recordsMailing list, date sent, and delivery method. For paper mailings, retain a Certificate of Mailing (USPS Form 3817) as proof of dispatch; certified mail is not required.
- E-delivery recordsPortal access timestamps or email delivery confirmations.
- Returned-mail logAnd re-mail dates for any undeliverable notices.
Common traps
FAQs
Who should receive the CHIP Notice?
All employees, whether or not they're enrolled in your health plan.
When should it be distributed?
At hire and at least annually. Most employers include it with Open Enrollment materials, which satisfies the annual requirement.
Do we have to customize it state by state?
No. The DOL model notice includes contacts for all states; you only need to add your plan administrator contact and your special enrollment request process. You can trim the state list to just your employees' states, but distributing the full list is also acceptable.
What's the penalty for not providing it?
Up to $145 per employee per day under ERISA civil monetary penalty enforcement (2026 rate, adjusted annually for inflation). The practical risk is low if you're distributing it consistently, but it's a real penalty, not a theoretical one.
- CHIPRA, DOL EBSA. Model notice downloads, FAQs, and regulatory background.
- CHIP Program Information, Medicaid.gov. Employee-facing overview of the Children's Health Insurance Program and how premium assistance works.
- 29 CFR § 2590.701-6. The governing regulation for CHIPRA special enrollment periods and the employer notice requirement.
- Multi-state workforce: The DOL model notice includes all states, so distributing the full list to all employees is the simplest approach; no need to segment by state.
- Language access: Add translations for languages common in your workforce. The DOL CHIPRA resource page includes Spanish-language versions of the model notice.
- Self-funded vs. insured: The notice requirement applies regardless of funding arrangement. If you use a TPA or carrier, confirm they are not separately distributing the notice on your behalf to avoid gaps or duplicates.
The DOL provides a ready-to-use model notice with all state contacts already included: download, fill in two fields, and distribute.
- DOL Model CHIPRA Notice, Word (recommended): Download model-notice.doc. Open in Word, insert your plan administrator contact information and special enrollment request process, then print or email to all employees.
- DOL Model CHIPRA Notice, PDF (reference): Download model-notice.pdf. Use this to review the required language and current state contacts before customizing the Word version.
What to fill in: The state contacts and program descriptions are pre-filled by the DOL. You only need to add (1) your plan administrator name and contact information, and (2) how employees should submit a special enrollment request: email address, portal link, or form name.
Re-download annually: The DOL updates state contacts each year. Re-download a fresh copy before each annual distribution rather than reusing a saved version.