Upcoming 2024 Compliance Deadlines
Employers must comply with numerous reporting and disclosure requirements in connection with their group health plans. Review the upcoming deadlines below.
| Topic | Requirement | |
|---|---|---|
| 5/3/2024 | Annual San Francisco Health Care Security Ordinance (SF HCSO) Reporting | • Employers subject to the SF HCSO must file an annual report for the 2023 calendar year with the Office of Labor Standards Enforcement |
| 5/15/2024 (or 15th day of 5th month following end of plan year) | Form 990 (or 990-EZ)- 3- month extension permitted by filing Form 8868 by this date | • Applies to Voluntary Employee Benefit Associations (VEBAs)
• No action needed unless benefits are funded through a VEBA trust |
| 6/1/2024 | Prescription Drug and Health Care Spending Reporting (RxDC Reporting) | • Annual report due to the federal government by employer-sponsored health plans and health insurance issuers to report information about prescription drugs and health care spending to the federal government for the 2023 reference year. This reporting process is referred to as the “prescription drug data collection” or “RxDC report”
• Most employers will rely on third parties, such as issuers, TPAs, and pharmacy benefit managers (PBMs) to prepare and submit the RxDC report for their health plans |
| 7/29/2024 (or 210 days after end of plan year) | Summary of material modifications (SMMs) | • Distribute SMMs regarding plan amendments adopted during previous year (2023 that reflect changes to the Summary Plan Description (SPD) unless revised SPD is distributed that contains the modifications) |
| 7/31/2024 (or last day of the 7th month after end of plan year) | Calendar year Form 5500 reporting deadline | • All calendar year health and welfare plans with 100+ participants at the start of the year that are subject to ERISA are required to report by or before this date unless an exemption applies
• Small health plans (fewer than 100 participants) that are fully insured, unfunded or a combination of insured/unfunded are generally exempt from the Form 5500 filing requirement. • Employers may request a one-time extension of 2 ½ months by filing a Form 5558 |
For more information
For questions regarding this Legislative Update or any other related compliance issues, please contact your Burnham Benefits Consultant or Burnham Benefits at 949‐833‐2983 or inquiries@burnhambenefits.com.
This Legislative Update was prepared by the Baldwin Regulatory Compliance Collaborative (the “BRCC”), a partnership of compliance professionals offering client support and compliance solutions for the benefit the partnerships in the Baldwin Risk Partners organization, which includes Burnham Benefits Insurance Services (“Burnham Benefits”).
Burnham Benefits and the BRCC do not engage in the practice of law and this publication should not be construed as the providing of legal advice or a legal opinion of any kind. The consulting advice we provide is intended solely to assist in assessing its compliance with applicable federal and state law requirements, and is based on our interpretation of federal guidance in effect as of the date of this publication. To the best of our knowledge, the information provided herein, and assumptions relied on, are reasonable and accurate as of the date of this publication. Furthermore, to ensure compliance with IRS Circular 230, any tax advice contained in this publication is not intended to be used, and cannot be used, for purposes of (i) avoiding penalties imposed under the United States Internal Revenue Code or (ii) promoting, marketing or recommending to another person any tax-related matter.